CRYSTAL WATER BEACH
PLAT ASSOCIATION

CONSTITUTION

1.            The name of the Society is CRYSTAL WATER BEACH PLAT ASSOCIATION.

2.            The objects of the Society are:

(a)          to organize, promote and maintain communal activities and schemes within the Crystal Water Plat;

(b)          to make and administer regulations concerning the use of the common, the road, the beaches and other of such areas within Crystal Water Plat;

3.            The operations of the Society are to be chiefly carried on within the area of the Crystal Water Plat.

BY-LAWS

MEMBERSHIP

1.            The members of the Society shall be the subscribers of the Constitution and these By-Laws and those persons admitted to membership in conformity with these By-Laws.

2.            Membership is limited to the beneficial owners of one or more lots in the Crystal Water Plats, their spouses and immediate family members.  Notwithstanding this limitation, the members of the Society may, in addition, appoint and admit to membership in the Society such Honourary Members as they shall by simple majority elect at any general meeting of the Society.

3.            Every member shall be bound by and submit to the Constitution and By-Laws of the Society.

4.            An Annual General Meeting shall be held once in every calendar year in the month of July and shall be called by the Secretary of the Society or any other Director acting in his/her stead at such time and place as the Directors of the Society may determine.  In default of the meeting being held, the Annual General Meeting shall be held in the month of August, and may be convened by any two members in the same manner as nearly as possible as that in which meetings are to be convened by the Directors.

5.            At each Annual General Meeting, the membership shall consider and approve a budget for the ensuing year and set the annual dues payable. 

6.            Additional Special General Meetings may be convened in a like manner at any time by order of the Directors or upon the request in writing of not less than ten (10) members.

7.            At least ten (10) days’ notice in writing of all general meetings shall be given by posting a notice of such meeting on the bulletin board as prescribed by the Society for that purpose and in the case of special business the general nature of the business shall be specified in the notice of the general meeting.

8.            A quorum at any general meeting shall consist of a majority of the paid-up membership, present in person or otherwise represented as provided by these By-Laws. 

9.            Every owner of a lot who is a member of the Society shall have one vote for each lot owned, but only if he or she has paid all outstanding annual dues owing on such lot or lots.  At all general meetings the vote may be given either in person or by proxy.

10.          The instrument appointing a proxy shall be in writing under the hand of the appointor or his/her attorney duly authorized in writing. No person shall act as a proxy  unless he/she is entitled on his/her own behalf to be present and vote at the meeting at which he/she acts as proxy.

11.          The instrument appointing a proxy and the power of attorney or other authority (if any) under which it is signed, or a notarially certified copy of that power or authority, shall be delivered to the Secretary of the Society before the time for holding the meeting at which the person named in the proxy proposes to vote, and in default the instrument of proxy shall not be treated as valid.

 

DIRECTORS

12.          The affairs of the Society shall be managed by a Board of seven (7) Directors who shall remain in office until their successors have been duly elected. The Board of Directors shall consist of (a) The President;  (b) the Vice-President; (c) the Secretary; (d) the Treasurer; (e) Past President and (f) two (2) Directors at Large.

13.          No person shall be eligible for election as a Director unless he/she is a member of the Society in good standing. A retiring Director shall be eligible for re-election.

14.          At least one month prior to the Annual General Meeting the Directors shall appoint a Nomination Committee consisting of the President and four other members of the Society, who may be retiring  Directors, and such Nomination Committees shall prepare a full slate of nominees for election as Directors and shall advise the Secretary of the Society of same at least twenty-one (21) days before the Annual General Meeting in order that he/she might include same in the notice of the Annual General Meeting. Further nominations for election as Directors may be made by any two members of the Society who shall obtain in writing the consent of their nominee to act as Director and shall subscribe their own signatures thereto. Such further nomination shall be delivered to the Secretary of the Society before the time for holding the Annual General Meeting, and in default the instrument of nomination shall not be treated as valid.

15.          At each Annual General Meeting the following Directors shall be elected:

(a)          three (3) Directors at Large to serve a two year term;

Each year immediately following the Annual General Meeting the Board of Directors shall meet and decide amongst themselves who will serve as President, Vice President, Treasurer, Secretary and as Committee Heads. 

16.          Any casual vacancy occurring in the Board of Directors shall be filled by the Board of Directors and the member so appointed will serve as a Director until the next Annual General Meeting.

17.          The Society may by extraordinary resolution remove any Director before the expiration of his/her period of office.

18.          The Directors may meet for the dispatch of business, adjourn or otherwise regulate their meetings as they think fit.

19.          Questions arising at any meeting of Directors shall be decided by a majority of votes. In case of an equality of votes, the Chairman shall have a second or casting vote.

20.          The quorum necessary for the transaction of the business of the Directors shall be four (4).

21.          The President, the Vice-President, or any three (3) Directors may at any time summon a meeting of the Directors and forty-eight (48) hours notice of such Directors’ meetings shall be given to each Director.

22.          The Directors may delegate any of their powers to committees consisting of such member or members of the Society as they think fit; any committee so formed shall in the exercise of the powers so delegated conform to any regulations that may be imposed on them by the Directors.

23.          The President, or in his/her absence, the Vice-President of the Society, shall preside as Chairman at every general meeting of the Society and at every meeting of the Directors. If at any meeting of the Society, or of the Directors, the President or Vice-President is not within fifteen (15) minutes after the time appointed for holding the meeting the members or Directors, as the case may be, present shall choose some one of their number to be Chairman

BORROWING POWERS

24.          For the purpose of carrying out the objects of the Society, the Directors may borrow from its bankers from time to time, but the amount of moneys so borrowed shall not at any time exceed the sum of One Thousand ($1000.00) Dollars.

 

 

DUTIES OF PRESIDENT

25.          The President shall preside at all meetings of the Society and of the Directors.

26.          The President is the Chief Executive Officer of the Society and shall supervise the other officers in the execution of their duties.

27.          When a member decides to build a home in the Crystal Water Plats the President shall receive a copy of the Building Plans (the “Plans”) from the member and thereafter submit the Plans for approval of the Grantor of the Crystal Water Beach Covenant and, upon return of the Plans approved by the Grantor, submit the Plans for the review and approval of the Board of Directors and thereafter return the Plans to the member.

 

DUTIES OF SECRETARY

28.          It shall be the duty of the Secretary of the Society, or in his/her absence, any member who may be appointed to act as Secretary by the Chairman of any general meeting or meeting of Directors, to prepare and retain custody of minutes of proceedings of the Society and of the Directors.  The Secretary shall also retain archival documents.

29.          The Secretary shall keep in one or more books a register of the members of the Society, and shall enter therein the names of the subscribers of the Constitution and By-Laws and the name of every other person who is admitted as a member of the Society, together with the following particulars:-

(a)          the full name and address of every such subscriber and person; and

(b)          the date on which each person is admitted as a member; and

(c)          the date on which any person ceases to be a member.

 

DUTIES OF TREASURER

30.          The Treasurer shall prepare a year end financial statement on an annual basis for the approval of the Board of Directors, such financial statement shall be considered and voted on at each Annual General Meeting.

31.          The Treasurer shall prepare a budget for the ensuing year for presentation at the Annual General Meeting.

BOOKS OF ACCOUNTS

32.          The Treasurer of the Society shall keep or cause to be kept true accounts with respect to the following.

(a)          All sums of money received and expended by the Society and the matters in respect of which such receipt and expenditure takes place;

(b)          All sales and purchases of goods by the Society;

(c)          The assets and liabilities of the Society.

33.          The books of account of the Society shall be kept at its registered address and shall be open to inspection by the Directors and members.

AMENDMENTS

34.          The Constitution and By-Laws of the Society shall not be altered or added to except by an extraordinary resolution of the Society, and the majority required to pass an extraordinary resolution shall be three-fourths (3/4ths).

Amended and consolidated as of the Annual General Meeting held July 8, 2006.

By-Laws & Constitution click here for a copy