Home 
Mooring Committee Constitution CONSTITUTION OF THE EL HARBOUR MOORING ASSOCIATION
Mooring Committee Constitution CONSTITUTION OF THE EL HARBOUR MOORING ASSOCIATION
| CONSTITUTION OF THE EL HARBOUR MOORING ASSOCIATION |
|
1. NAME. 2.3. To ensure that keelboat moorings and supporting facilities required for the maintenance and development thereof are operated and controlled as economically as possible having regard to the requirements of the Port Authorities and general safety and, for this purpose, to ensure that members are only called upon to pay the amounts disbursed or reasonably expected to be disbursed by the Association in the furtherance of its objectives without the addition of any sums intended to accrue as profit to the Association. 3. CONSTITUTION. 3.1. The provisions herein contained shall be known as the Constitution of the Association, which provision may be altered by a majority of SEVENTY FIVE PERCENT (75%) of those members present at a general meeting of members save that 3.1.1 the precise terms of any proposed alterations shall be set out in the notices convening the meeting; and 3.1.2 the objectives of the Association shall not be altered or amended without prior consultation with, and with the agreement of the Port Captain. 3.1.3 Proposals for the amendments of the constitution must be received by the Secretary not later than one (1) month before the date of the General Meeting at which such amendments will be tabled and they must be brought to the attention of members twenty one (21) days before the date of such a General Meeting. 3.2. The Association will be non – proprietary and non – profit making and at no time shall any assets or profits of the Association be distributed amongst its members or be allowed to accrue to any individuals. 4. MEMBERSHIP. 4.1. Membership shall be automatic for owners of keelboats registered with the East London Port Captain. However, where a boat is owned by a syndicate, partnership or other body, only one shareholder shall have voting rights for any one boat. 4.1.1 Membership could, but not necessary will, include individuals who has an active interest in sailing and the sailing community of East London but who are not actual boat owners, as adjudged by the acting Committee, for the purposes of serving on the committee. Such individuals shall not have preference over boat owners for serving on the committee, and shall not be liable to be elected for Chairman or Treasurer. There will not be more than two such members serving on the Committee. 4.2. An application for moorings shall be deemed to be an application for membership, which shall become effective upon signature of a Mooring Agreement. 4.3. Applicants shall thereafter become entitled to the benefits and privileges of the Association and become liable for the initial payments, (including capital sums due in terms of the mooring regulations.) fees and subscriptions due for the year in which they are admitted. They shall immediately be bound by this Constitution and the Regulations made hereunder and by subsequent amendments to the Constitution and Regulations and shall be presumed to be aware of all the provisions of the Constitution and Regulations. 4.4. Subscriptions shall be due and payable on the 30th day of June in each year and all other payments or fees on such date as a General Meeting or as the Committee may decide. If any member shall fail to pay any sum due and payable within one (1) month from the date upon which such sum became due and payable, the Secretary shall immediately notify him of such non - payment and, should the sum not be paid within one month of such notification (unless he explains his default to the satisfaction of the Committee) he shall cease to be a member of the Association and forfeit his mooring. 4.5. A member whose Mooring Agreement and Membership has been terminated, shall remain liable for such payments, fees and subscriptions still due and unpaid by him and all other obligations as laid down in the Mooring Regulations and shall not be entitled to recover any sums by reason of the termination of his mooring and Membership prior to the re-allocation of his mooring to a new occupier. 4.6. No Member shall have any right, title or interest to or in the property or funds of the Association. 5. MANAGEMENT 5.1. There shall be a Committee consisting of a Chairman, a Secretary, a Treasurer, the East London Port Captain (who shall have power to nominate a substitute for himself from time to time) and four (4) Members of the Association. All Members of the Committee shall act in an honorary capacity. 5.2. The Committee must be elected annually at the Annual General Meeting. Members shall be proposed for Committee by any member of the Association. 5.3. The Office Bearers and Members of the Committee shall be elected at the Annual General Meeting of the Association by a simple majority. 5.4. The Committee shall, at its first meeting, elect from its number a Vice – Chairman, who may not be the Secretary or Treasurer. 5.5. The Committee shall, at its first meeting, elect from its number two (2) Sub- Committees of at least two (2) members as follows: 5.5.1. Administrative and Finance. 5.5.2. Technical and Maintenance. 6. RESPONSIBILITIES AND POWERS OF THE COMMITTEE. 6.1. To administer, maintain and develop keelboat moorings and supporting facilities required for the maintenance and development thereof in the area designated in the East London Harbour as authorised by the Port Captain. 6.2. To acquire and provide the equipment necessary to administer, maintain and develop keelboat moorings and supporting facilities required for the maintenance and development thereof. 6.3 To ensure that the keelboat moorings and supporting facilities required for the maintenance and development thereof are operated and controlled as economically as possible having regard to the requirements of the Port Authorities and general safety and, for this purpose, to ensure that members are only called upon to pay the amounts disbursed or reasonably expected to be disbursed by the Association in the furtherance of its objectives without the addition of any sums intended to accrue as profit to the Association. 6.4 To co-opt, for a period or for the remainder of the year, Members of the Association to temporary or permanent vacancies on the Committee. The co-optee shall be a member from the source from which the vacancy occurred. 6.5 To prescribe procedures for meetings of the Committee, save that the Chairman shall have a casting vote and a deliberate vote. 6.6 To make regulations not inconsistent with the terms of this Constitution and to amend these from time to time as required. Such Regulations and amendments shall be brought to the notice of Members by written circular and shall not be enforceable until after a period of three (3) months following date of posting. Any Member wishing to change, debate or introduce a regulation may do so by calling a Special General Meeting as provided for under clause 10 hereof. 6.7 To establish mooring regulations and technical specifications for the safe and efficient operation of the keelboat moorings and to amend and alter such regulations as required from time to time. 6.8 To establish emergency procedures in case of floods, storms, etc. 6.9 To consider and decide applications for moorings. 6.10 To allocate keelboat moorings to bonafida keelboat owners. Such proof of ownership to be provided to the Committee. 6.11 To buy, sell, let or hire, exchange, transfer by way of donation or otherwise, movable and immovable property and to invest the funds in Banks and Building Societies. 6.12 Generally to deal with the property and funds of the Association for the objectives and purposes of the Association. 6.13 To institute and defend legal proceedings on behalf of the association, and for that purpose to sign and execute any necessary powers of attorney 6.14 To enter into any contracts with keelboat owners or their designated representatives for the allocation, hire, control and maintenance of moorings. 6.15 Four (4) Members of the Committee shall constitute a quorum. 6.16 To alter, change, add-on, or modify the moorings, or sections thereof, in such a way as to accommodate certain boat owners. Such alterations, changes, add-ons, or modifications shall not: 6.16.1 limit normal access to moorings, 6.16.2 add to the annual cost of moorings of those boats not involved, 6.16.3 endanger private property. 7. COMMITTEE MEETINGS AND THE CONVENING THEREOF. 7.1 The Committee shall hold regular monthly meetings. The Chairman or, in his absence the Vice – Chairman, shall convene all meetings of the Committee. On the application of at least three (3) members of the Committee, the Chairman or Vice – Chairman shall convene a meeting of the Committee. All Members of the Committee shall receive at least seven (7) days notice of a meeting, except in the case of an emergency meeting, which notice shall include the agenda for the meeting. 7.2. The sub – Committee shall meet as and when required. 8. MINUTES OF COMMITTEE MEETINGS. 8.1. Proper minutes of all Committee meetings shall be kept and, subject to confirmation at the subsequent meeting of that Committee, shall form part of the records of the Association. 8.2. Minutes of Committee meetings shall be circularised to all members / boat owners within fourteen (14) days after the date of the Committee meeting. 9. ANNUAL GENERAL MEETING. 9.1. The Annual General Meeting of members shall be held as soon after the end of the Association’s financial year as may be convenient, but not later than three (3) months after the end of the financial year. 9.2. An Annual General Meeting shall, subject to clause 3 above, has power to raise and discuss any matter whatsoever, including the election and confirmation for the ensuing year of Office Bearers and the Committee. 9.3. Nominations for Officers and Members of Committee must be received by the Secretary in writing not less than three (3) days prior to the Annual General Meeting, signed by a Proposer, Seconder and the Nominee. 9.4. The notice of meeting for the Annual General Meeting shall be mailed not later than three (3) weeks prior to the date of the Annual General Meeting and it shall include a call for nominations of Office Bearers and Members of Committee in accordance with the constitution. 10. SPECIAL GENERAL MEETINGS. 10.1. A Special General Meeting of members shall be held on the written request of the Committee, or one third (1/3rd) of the total members of the Association, which notice shall be addressed to the Secretary and shall set out the purpose of the meeting. Such a Special General Meeting shall be called within 21 days of such a request from the Committee or members. 10.2 Special General Meetings shall be convened by the Secretary, who shall give notice thereof, in writing, to all members not later than three (3) weeks prior to the date of the meeting. The notices shall set out the agenda. 10.3 The quorum of Special General Meetings, as well as the Annual General Meeting , shall be fifty percent (50%) of the total number of members. 10.4 A Special General Meeting shall have power to raise, discuss and decide only such specific matters as have been set out for consideration in the Notice of the Meeting. 10.5 The Chairman of the Association or, in his absence the Vice – Chairman, shall act as Chairman of a General Meeting. 10.6 The Chairman shall prescribe the procedure to be adopted at any General Meeting, save that all matters shall be decided by a show of hands, provided that decisions shall be by ballot on a motion to that effect by a member duly seconded. 11. ABSENTING COMMITTEE MEMBER. Should any Committee Member absent himself from three (3) consecutive meetings without apology, his seat shall be declared vacant by the Committee, who shall have the power to co – opt a member of the Association for the remainder of the year. 12. FINANCE. 12.1 The Finances of the Association shall be controlled by the Committee. 12.2 All monies of the Association shall be paid into a Bank or Building Society and, no payments other than that of a petty cash nature and not exceeding fifty rand (R 50.00) shall be made other than by cheque signed by any two (2) of the Chairman, Treasurer or Secretary. In the case of Internet banking, the Treasurer may make transfers with the notifications of these transactions being sent to the Chairman or Secretary. 12.3 The financial year shall be from 1st of May to the 30th April in the ensuing year. 12.4 The Committee shall be empowered to raise loans for development purposes, subject to approval having been obtained at a Special General Meeting of the members of the Association. 12.5 The Committee shall cause true and proper books of account to be kept showing under proper and sufficient headings, all the assets of the Association and liabilities of the Association, including all receipts and expenditure. 12.6 Each member of the Association shall be provided with copies of the income and expenditure account and the balance sheet not less than seven (7) days before the Annual General Meeting at which they are to be tabled. 12. SUBSCRIPTION. 13.1 Subscription shall be designated entirely for payment of administrative costs. 13.2. Subscription shall be payable by members according to the rate as fixed from time to time at the Annual General Meeting. 13.3. Subscriptions payable by members shall become due and payable on the 30th day of June in each and every year. 14 SIGNING OF DOCUMENTS. All documents, which are required to be executed on behalf of the Association, shall be deemed to have been correctly and properly executed if signed by the Chairman of the Association and by the Treasurer or Secretary, following a resolution of the Committee. 15. AUDIT. 15.1 An Auditor shall be elected at the Annual General Meeting each year, whose duty it shall be to audit all the accounts of the Association. If, at any Annual General Meeting no Auditor is elected, the Auditor then acting shall continue in office as if re – elected. If any casual vacancy occurs in the office of the Auditor, the Committee shall forthwith fill the same. No member of the Committee shall be elected as Auditor. 15.2 The Auditor shall be supplied with copies of the income and expenditure accounts and balance sheet intended to be laid before the Association at the Annual General Meeting not later than two (2) months after the end of the financial year at the latest and it shall be his duty to examine the same with the accounts and vouchers relating thereto and to report to the Association thereon at the Annual General Meeting. 15.3 The Auditor shall have access to the books of accounts of the Association at all reasonable times and he may, in relation thereto, examine the Committee or other Officers of the Association. 16. INDEMNITY. The Committee, the Auditor and other Officers for the time being of the Association and every one of them and any of their heirs, executors and administrators, shall be indemnified and held harmless out of the funds and property of the Association from and against all actions, costs, charges, losses, damage and expenses which they or any of them, their heirs, executors or administrators shall or may incur or sustain by and by reason of any act done concurred in or omitted in or about the execution of their duties, or supposed duty in their respective offices, except such, if any as they shall incur or sustain by or through their own wilful neglect or default respectively and none of them shall be answerable for the acts or defaults of the other or others of them or for any bankers or other persons with whom any monies or effects belonging to the Association may be lodged or deposited for safe custody, or for the insufficiency or deficiency of any security upon which any monies of or belonging to the Association shall be placed or invested or for any loss, or losses, misfortune or damage which may attain in the execution of their respective offices or in relation thereto except the same shall happen by or through their own wilful neglect or default respectively. 17. MISCELLANEOUS. 17.1 Every Member shall cause his or her address or any change thereof to be recorded with the Secretary. 17.2. Any notice or communication of whatever kind to a member shall, on being posted in an envelope bearing such address as at the time of being posted is recorded in the Association’s records, be deemed for all purposes to have been received by such member within ten (10) days of it’s being placed in the post. 17.3. The accidental omission to give notice of any meeting to any person or persons entitled to be present thereat shall not invalidate the proceedings at that meeting. 17.4 Every Officer and Member of the Association shall be entitled at all reasonable times to inspect all the books of account and other documents of the Association, which the Committee shall accordingly be obliged to produce. 17.5 Every Trustee, member of the Committee or Sub- Committees, officer, member, agent or servant of the Association shall be indemnified out of its funds against all costs, charges, expenses, losses and liabilities incurred by him in the conduct of the Association’s business or in the discharge of his duties, and no such person shall be liable for the acts or omissions of any other such person by reason of his having joined in any receipt if money not received by him personally, or for any loss on account of defect of title to any property acquired by the Association, or on account of the insufficiency of any security in or upon which any monies of the Association shall be invested, or for any loss incurred upon any ground whatever other than his own wilful acts or defaults.
|
