CONSTITUTION AND BY-LAWS OF THE
SUMMERLAND YACHT CLUB
As approved at the Special General Meeting held
March 23, 1992
(Revised 1996 and 1997)
Under The Society Act of British Columbia
I. THE CONSTITUTION
1.01 The name of the society shall be “SUMMERLAND YACHT CLUB”, (Hereinafter called the “Society”)
1.02 The purposes and objectives of the Society are:
(1) The development and encouragement of boating and the promotion of education in safe boating.
(2) The construction and maintenance of a suitable facility for boating, including breakwater, slips and walkways, launching ramp, storage, club house and the security of all of the above.
(3) To promote the recreational and social enjoyment of the members and instruct and encourage age members to keep the lake free of pollution.
(4) To conduct the affairs of the Society in a fair, honest and democratic manner to the benefit of all members.
1.03 The operation of the Society is to be chiefly carried on in the Municipal District of Summerland, Province of British Columbia.
1.04 The interpretation of the constitution and By-Laws unless the context otherwise requires shall be:
(1) “Directors” means the current elected Directors.
(2) “Society Act” means The Society Act of British Columbia.
(3) “Registered Address” means the address shown in the Registry of members.
(4) Executive Committee” means the Commodore, Vice Commodore, Immediate Past Com Commodore, Treasurer and Directors elected.
(5) “Club House” means the premises, moorage and other facilities of the Summerland Yacht Club.
1.05 The Annual General Meeting of the Society shall be held on the third Monday of November at the Club House at 8 p.m. for the presentation of reports on the year’s activities and for the election of Officers and Directors for the ensuing year(s).
1.06 The commodore shall, within two (2) weeks after the Annual General Meeting call and hold an Executive meeting.
1.07 The Constitution and By-Laws of the Society may be amended at any General Meeting provided that the meeting and proposed amendments are advertised not less than fourteen (14) days prior to the meeting and passed by two-thirds (2/3) majority vote.
1.08 In the event of the dissolution of the Summerland Yacht Club, all assets remaining after payment of all debts and obligations shall be distributed only to a registered charitable organization the Province of British Columbia with similar objectives or to the Municipal Corporation of Summerland, Summerland, British Columbia. This clause is unalterable.
II. CLUB PROJECTS
2.10 Any capital expenditure (Projects) over $3,500 must take into consideration the financial situation of the Club and any previous commitments of the Club.
(1) A project Chairman shall be nominated by the Board who will be responsible to the Board as a a whole in carrying out the project.
as a whole in carrying out the Project.
(2) All bidding for projects pertaining to the Summerland Yacht Club shall be at arms length of any club member, their immediate families, their companies or any related business concerns.
(3) All bids for a project shall be opened in the presence of a quorum of Board Members of the club. The selected bidder will not necessarily be the person or company that has submitted the
lowest bid. The successful bidder will be selected by a majority of the Members of the Board.
2.11 Conflict of Interest
A member who, either on behalf or while acting for, with or through another, directly or indirectly:
(1) Shall as soon as practicable disclose their interest in any contract or proposed contract with the Club.
(2) Shall not vote on any question with respect to the contract, proposed contract with the Club.
(3) if present at a meeting of the Club, or any committee thereof at which the contract, pro posed contract, or other matter is a subject of consideration, shall disclose their interest as soon as practicable and shall not vote on any question with respect to the contract or related matter.
(4) If present at a meeting of the Club, or any committee thereof, at which the contract, pro- posed contract, or other matter is a subject of consideration shall not speak to, or attempt to influence the voting on any question related to the contract, proposed contract or related matter without first obtaining permission of the Chair, which shall be recorded in the min- utes.
II. BY-LAWS
1. MEMBERSHIP
1.01 Any person of good moral character and is a boat owner shall be eligible for regular membership in the Society and shall become a member upon acceptance of his/her application by the Executive or at a General Meeting and upon payment of the prescribed annual dues.
1.02 Associate membership may be granted to persons of good moral character upon application , approval and payment of dues. Associate members shall have all the privileges and duties of regular membership except the right to vote at General or Special Meetings. At no time shall the number of associate members exceed the number of regular members.
1.03 The Executive may from time to time confer Life or Honorary Membership on persons who have made outstanding contributions to the development of the Society. Such memberships may include voting privileges and are excused payment of Annual Membership dues.
1.04 The Executive may, subject to approval at a general Meeting, institute an initiation fee for new members. Such initiation fee would not be retroactively
1.05 Only members in good standing shall be permitted to use the facilities and equipment of the Society.
1.06 Any member who, in the opinion of the Executive, has been found to have conducted him/her self in a manner unbecoming to the good name of the Society or detrimental to the operation of the Society shall have his/her membership suspended or revoked for such period of time as the Executive may decide.
1.07 A member shall cease to be a member of the Society:
(1) By delivering a letter of resignation to the Secretary of the Society or by mailing such letter to the address of the Society.
(2) By death, in which case the surviving spouse shall automatically be a member of the Society, assuming the rights and benefits of the deceased member for the current year.
(3) Upon being expelled for just cause.
(4) Upon failure to pay the annual membership fee.
1.08 All membership moorage fees and annual launching fees are due and payable on March 1st of each year. Fees not received by March 21st shall be deemed notice of non-renewal.
1.09 Each person wishing to become a member of the Society shall complete a membership application. The Executive may, at their discretion, pro-rate the annual fee charged based on the approval date of the application.
1.10 Each member joining the Society undertakes a responsibility to provide eight (8) hours of voluntary work or comparable service or goods in lieu, per annum, for the Club. This contribution promotes a spirit of fellowship and greatly reduces Club expenses.
1.11 The right to nominate or vote at Annual or General Meetings shall be limited to moorage holders and annual launching privilege members and limited to one (1) vote per boat owner(s).
2. OFFICERS AND DIRECTORS
2.01 The governing and administrative body of the Society shall be the Executive which is responsible to the membership for the efficient conduct of the Society’s affairs.
2.02 The Executive shall consist of the Commodore, Vice Commodore, the Immediate Ex-Officio Past Commodore, the Treasurer and six (6) Directors, one of whom will be appointed Secretary.
(1) The Commodore and Vice Commodore must have served at least one (1) term on the Exec- utive.
(2) The Commodore, Vice Commodore and Treasurer are to be elected annually for a one (1) year term. Three (3) Directors will be elected for a two (2) year term each year ensuring a carryover of three (3) Directors for the following year.
(3) All nominations for office must be posted on the Summerland Yacht Club Notice Board fourteen (14) days prior to the Annual General Meeting. This includes nominations by the Nominating Committee and nominations from the membership at large. Nomination forms will be available at the Summerland Yacht Club Office. There will be no nominations from the floor at the Annual General Meeting.
(4) The Executive so elected shall assume office on the first day of the month following the An- nual General Meeting.
(5) All members of the Executive shall be members in good standing and be a boat owner and be prepared to devote their efforts for the betterment and enjoyment of pleasure boating and improvement of boating related facilities on Lake Okanagan for the benefit of those persons sub scribing to the purposes of the Society.
(6) Those persons retiring from Office will be eligible for re-election to the Executive.
2.03 The Executive, at their discretion, may add non-voting members to their number as required for specific duties.
2.04 The Executive shall hold not less than six (6) meetings each year, dates, and venues to be fixed as required. All motions made and seconded require a simple majority. The Chairperson will cast the deciding vote when required.
2.05 All Executive meetings must have a quorum of six (6) members present. Any Executive member absent from three (3) consecutive meetings shall, at the discretion of the Executive, be replaced.
2.06 General meetings shall be held at the discretion of the Executive. A quorum of six (6) Executive and ten (10) regular members are required to constitute a General Meeting.
2.07 The Executive shall, on the written request of not less than ten percent (10%) of the General members, convene an Extra-ordinary General Meeting of the Society; notice of such meeting and a statement for the purpose shall be advertised not less than seven (7) days prior to the meeting.
2.08 (1) The Commodore shall act as the Chief Executive Officer of the Society, supervise the other officers in the execution of their duties, ensure the Constitution and By-Laws of the Society are followed; shall be an ex-officio member of all committees and generally direct the business and activities of the Society.
(2) The Vice Commodore shall assist the Commodore in the performance of his/her duties and responsibilities and in the absence of the Commodore, act in his/her stead.
(3) The Treasurer shall maintain records and accounts for and secure safe all monies, cheques, receipts, paid invoices and financial documents of the Society. The Treasurer will keep financial records and books of accounts as required by the Society Act and make available financial statements and reports as required by those entitled. The Treasurer shall have custody of the Society Seal. The Treasurer’s term of office to expire at the Annual General Meeting.
(4) The Directors shall take charge of and administer and direct the affairs of their various responsibilities, i.e. House, Grounds, Yard and Docks, Membership, Moorage, Entertainment, etc.
(5) The Secretary shall take, keep and produce Minutes of all General and Executive meetings, have custody of all records, correspondence and documents of the Society, except those required
to be kept by the Treasurer, issue notices of meetings, conduct the correspondence of the Society and in conjunction with the Membership Director maintain Register of members. In the absence of the Secretary at a meeting, the Chairperson shall appoint another member to act as secretary for that meeting.
(6) The Past Commodore shall act in an advisory capacity to the Executive based on his/her experience as Commodore of the Society. He/she will be the Chairperson of the Nominating Committee and carry out such duties and responsibilities as may from time to time be assigned to him/her by the Commodore.
2.09 No officer or Director shall be remunerated for duties and responsibilities assumed, but may be reimbursed for actual expenses, reasonably and necessarily incurred in the affairs of the Society.
3. FINANCIAL
3.01 At each Annual General Meeting the Society shall elect two (2) Trustees to act as internal auditors to examine the accounts of the Society. The election shall be for a one (1) year term.
3.02 The Trustees shall be informed forthwith of the outcome of the election in writing.
3.03 No Officer, Director or employee of the Society shall be elected as a Trustee.
3.04 The Trustees may be removed and/or replaced by special Resolution at a General Meeting of the Society.
3.05 The Trustees shall provide copies of the Club audited Financial Statements to members present at the Annual Meeting.
3.06 All Funds received by the Society shall be deposited, in the name of the Society, in a chartered bank or other financial institution located in Summerland.
3.07 All disbursement of Society funds shall be by cheque, such cheque to bear the signatures of two appointed Officers or Directors of the Society.
3.08 The Executive Committee shall by Resolution appoint two Committee Members, the Commodore and the Treasurer, to sign cheques and two (2) other Committee Members to countersign cheques, i.e. either the Commodore or the Treasurer to sign, either of other designates to countersign.
3.09 Any expenditure in excess of Three Thousand Five Hundred Dollars ($3,500.00) shall be approved in advance, by motion, at a General Meeting of the Society. The dollar value is subject to review every year.
3.10 The Treasurer shall provide a brief financial report at each Executive meeting and at each General meeting of the Society.
3.11 The fiscal year-end of the Society shall be to the last day of September in each year.
3.12 The Society shall have the right to purchase or lease any property which may be of benefit to the Society.
4. HOUSE RULES
4.01 Members shall be responsible for the orderly behaviour of themselves and their guests at all times.
4.02 Guests of members MUST be signed in by the member in the Guest Register provided. The member must remain the guest for the whole time that the guest is in the Club House (Liquor Control Board Regulations).
4.03 Members and guests are to be suitably dressed when in the Club House. Shirts and shoes are mandatory.
4.04 Foul and abusive language will not be tolerated in the Club House.
4.05 Animals are not to be brought into the Club House.
4.06 No liquor or beer may be brought into the Club House by a member or a guest.
4.07 All liquor and beer sold in the Club House must be consumed in the Club House.
4.08 The authorized hours of sale for liquor and beer are stated on the Liquor Control Board License issued annually. These hours are to be strictly enforced and the Club House cleared of all patrons within one-half hour after the closing hour of sale.
4.09 The use of the Club House for private functions may be approved by the Executive upon written application by a member. If approved, the member applying must remain on the Club premises for the duration of the function and assume responsibility for the conduct of guests and the physical condition of the Club House and equipment . Fees for the private use of the Club House by a member will be set by the Executive.
4.10 Notwithstanding Article 4.09, members will retain their right to use Club facilities during such private functions.
4.11 Suggestions and complaints regarding the operation of the Club House must be submitted in writing and signed and directed to the Secretary. Any such correspondence will be dealt with at the next Executive meeting.
4.12 All purchases made in the club House shall be on a cash or Club-issued coupon basis.
4.13 The Society may, at their discretion, hire personnel to perform duties in the Club House. These personnel act under the direction of the Executive, and are to be considered as Club House Managers, responsible to the Executive and responsive to the members.
4.14 Members who feel compelled to bring animals to Club facilities are required to keep them under control at all times and are to clean up and dispose of any excrement caused by the animals.
5. MOORAGE
5.01 Any person wishing to apply for boat moorage at the Summerland Yacht Club must first become a bona fide paid-up member of the Club. His/her name is then placed on the waiting list for moorage in order of application date.
5.02 All boats moored in the Summerland Yacht Club are at the owner’s risk. The Club assumes no responsibility for any loss, damage, break-in or other harm to any boat or its equipment. All boat owners shall provide evidence that liability insurance coverage is held for his/her in moorage.
5.03 The Summerland Yacht Club reserves the right to refuse membership, moorage and/or service to any person.
5.04 The Club reserves the right to allocate and re-allocate during the year, the position or slip designation of any boat in the facility. The member should be so advised in advance.
5.05 A membership in the society entitles that member to lease one slip only. If space permits, a dingy may also be in the slip.
5.06 Each member is responsible for the safe mooring of his/her boat; dock lines shall be a minimum of 3/8” diameter; finders are to be sued to prevent damage to adjacent boats; stern-mounted motors are to b e left in vertical position.
5.07 Damage caused by improper moorage procedures to other boats or to club facilities shall be the offender’s financial responsibility.
5.08 Each member has a responsibility to all other moorage holders for the security of marina. When passing IN or OUT of the gate to the marina, make certain that it locks behind you.
5.09 The marina facility is the private recreational use of Club members only. Boats using Club facilities may not be rented or chartered out. Members wishing to Loan their boat to non-members, if given consent assume responsibility for the person(s) concerned.
5.10 Boats under way in the marina shall proceed at SLOW SPEED only.
5.11 Horseplay, excessive noises or inconsiderate behaviour by anyone when in the facility will not be tolerated.
5.12 Children under the age of ten (10) years must be accompanied by an adult when in the moorage area.
5.13 Boats found on the Club premises, yard or marina, that are unauthorized may be removed at the owner’s expense.
5.14 Moorage berths (slips) are not owned by the member, but are leased from the Club, and are NOT transferable.
5.15 Moorage holders are not permitted to sublet moorage. If not required by the lessee, the Moorage Director will allocate the space to a waiting member.
5.16 Sale of a boat does not guarantee that the slip allocation goes with the sale. The new owner must become a Club member to obtain the right to lease a slip and be put on the waiting list for moorage. The Moorage Director must be consulted in these cases.
5.17 Moorage holders who have paid for their slip and are not using it and members who sell their boat which is taken away from the Club must be aware that there will be no refund after June 1st of moorage fees paid for that year.
5.18 Winter storage is available to members in the yard on a limited basis. The fee will be fixed annually by the Executive.
5.19 Boats are not to berth in the space(s) designated for embarking or disembarking.
5.20 Vessels taking on gasoline fuel are to follow the attendant’s instructions:
(1) Engine to be shut off.
(2) No smoking in area of gas dock.
(3 all passengers disembark during fueling.
(4) Portable tanks to be filled ashore.
(5) Owner/operator does filling on board.
5.21 Slips not being used by moorage holders may be utilized by the Moorage Director. The lessee should be advised in advance whenever possible.
5.22 The use of spray paint in the year or moorage area is forbidden.
5.23 The moorage of houseboats will be handled on an individual basis depending on size and space available on the outer berm only. Under no circumstances will houseboats be permitted in the inner marina proper.
5.24 When there is a waiting list for moorage the Club reserves the right to allocate slips.
5.25 The Club will endeavour to maintain three (3) visitors slips for boats from other Yacht Clubs on the Lake.
5.26 Boats, either power or sail, will not be refueled in their berth. All refueling must be done at the headwall.
5.27 Only approved electrical cords and adapters will be used for shore power connection.
5.28 Disciplinary action will be taken against any member violating the refueling of boats an/or the use of unauthorized electrical equipment.
6. BOAT LAUNCHING
6.01 The Summerland Yacht club maintains a boat launching facility for the use of members, the residents of Summerland and visitors.
6.02 Seasonal launching fees for regular members will be set annually by the Executive.
6.03 Daily launching fees for non-members will be set by the Executive.
6.04 Persons availing themselves of this service must remove their trailers from Club premises after launching.
6.05 These daily, non-member launchers will have no voting privileges, but will be accorded the use of the Club facilities when available.
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