Constitution of
Stokes Bay Ratepayers Association

With By-laws – Enacted 2002/06/29 – Rev. 2003/07/23


WHEREAS; the Residents of the local area of Stokes Bay who have attended an openly advertised meeting and paid an initial membership fee to confirm their participation and attended a formation meeting deem it expedient that the Ratepayers Association formed at this meeting be governed by a Constitution and appropriate By-laws regulating the affairs of said Association.

Therefore be it resolved; that the following Constitution with attendant By-laws as proposed and accepted by the membership, with the included revisions as passed by the founding members shall become effective on this date: July 5, 2003.

INDEX:

Section:
Rev. No.
Date
Sec. I – Vision Statement
1
2002/07/31
Sec. II – Membership
1
2002/07/31
Sec. III – Voting by the Membership
1
2002/07/31
Sec. II – Executive Officers and Terms of Office
1
2002/07/31
Sec. V – Duties of Officers
1
2002/07/31
Sec. VI – Disbursement of Funds
1
2002/07/31
Sec. VII – Annual General and Special Meeting
2
2003/07/23
Sec. VIII – Order of Business
0
2002/06/29
Sec. IX – Amending Formula
2
2003/07/23


Sec. I – Vision Statement
Rev. 1 – 2002/07/31

  1. That the Association shall be known as the “Stokes Bay Ratepayers Association”.
    For the purposes of this document the “Stokes Bay Ratepayers Association” shall be known solely as the “Association.”

  2. The membership of the Association shall be drawn from the Rate Payers of the combined areas of the former Eastnor and Lindsay Townships included within the following Boundaries, except as noted in Sec. II:

    Northern Boundary – The Centre Line of Lindsay Road 20 road allowance;

    Southern Boundary – The Northern boundary of Black Creek Provincial Park and continuing eastward from North East corner of the park’s boundary to The Bury road including all of Hardwick Cove.

    Eastern Boundary – Centre of The Bury Road road allowance

    Western Boundary – 50 Meters below the Low Water Mark of the Lake Huron shore line and it's attached bays and inlets;

    Including the Hamlet of Stokes Bay, the cottage and/or residential areas of Tamarac Island, Hardwick Cove, Stokes Bay Shores, Greenough Point, Simon Point and any other residence, cottage, and/or residential or cottage development area that may from time to time be planned/constructed within the afore mentioned boundaries.

  3. The aims of the Association shall be:
    1. Protection and promotion of the common interests of cottage, permanent residence, and business owner’s in said area.

    2. The maintenance, improvement, and promotion of the Health, Sanitation, Safety, and Environmental conditions of the described area.

    3. Furtherance of recreational facilities of the described area.

    4. Handle co-operatively, negotiations and all matters of business and group interest to the members of the Association, between the Association, and the Municipal Council, the Provincial and Federal Governments, quasi-judicial bodies, and the public at large.

    5. To generally further and promote social activities among all residents of the fore mentioned areas.

    6. To handle efficiently and promptly, all matters of common interest, which may be advanced by the members and/or the Association’s Executive for consideration from time to time.


Sec. II – Membership
Rev. 1 – 2002/07/31

Membership in the Association shall be open to the following persons in accordance with the Vision Statement and shall be limited to one (1) membership per person.

  1. Property owners (Ratepayers), their spouses, or their live in partners.

  2. Property owners (Ratepayers), in a joint ownership by two (2) or more persons, or an owner/tenant lease agreement by one or more unrelated persons except as noted in (3).

    1. Time-Share (multiple owner – 3 or more) Residences: – All participants in a time share arrangement (multiple owner – 3 or more) may hold a membership in the Association if listed as joint tenants on the Tax Roll and/or a formal Time-Share agreement is in place.

    2. Condominium Residences: – At such time as a Condominium Project is registered, the elected Board representing the owners in said Project shall hold one (1) membership in the Association for the purpose of representing the Condominium Project’:s interests. Until such time as the Project is registered, the Unit owners may nominate one (1) of their number to hold a membership in the Association to represent the owners in place and/or may be represented by the Project Developer who may hold one (1) membership to represent the Developer’s and Unit Owner’s interests.

    3. The owner (Ratepayer), of multiple properties as listed on the Tax Roll shall be entitled to hold one (1) membership in the association.

  3. Associate Members: – All persons who are interested in the furtherance of the aims of the Association as outlined in No. 3 of the Vision Statement and who have paid a membership fee shall be considered for membership by the Association's Executive. An Associate Member shall be allowed all rights of full membership except as noted in Sec: – III.
  4. Annual dues for members of the Stokes Bay Ratepayers Association will be set each year at a general meeting of the Association’s membership.

  5. The fiscal year of the Association shall end May 31st. All membership fees are due no later than July 1st of each year.

  6. Correspondence shall be forwarded only to and consideration of correspondence from Association members shall only be given to paid up members.


Sec. III – Voting By The Membership
Rev. 1 – 2002/07/31

  1. Qualified paid up members as defined by Sec. II (1) shall be entitled to one vote per member, regarding any items of business or interest declared at the General Meeting or any meeting called under the provisions of Sec: VII, that shall be considered by the Association executive and/or the membership.

  2. An Associate Member as defined by Sec: II, Sub Sec: 4, shall have the right to: –

    1. Propose a motion to the membership, second a motion to the membership, discuss an issue on the floor of a meeting, make a presentation to the membership on an issue that may be of interest to the membership, and vote on an issue that falls under Sec: I, Sub Sec: 3 (a), (b), (c), and (e).

    2. An Associate member may speak to but, shall not propose a motion to the membership, or second a motion to the membership on matters relating to the following sections of the Constitution and/or By-laws: – Section I (d), and Sections II thru IX.

    3. An Associate Member shall not have the right to cast a vote on matters relating to the following sections of the Constitution and/or By-laws: – Section I (d), and Sections II thru IX.

  3. No member shall cast a vote, propose a motion, or second a motion, where a conflict or the appearance of a conflict of interest may arise from the members taking part. Such conflict shall be considered to arise when the member and/or his/her extended family, and/or a business associate may benefit from the members actions, that in the opinion of the Association’s Executive and/or Membership is to the detriment of the association and/or a member of the association. The member may take part in the discussion of any matter only after his/her conflict of interest has been disclosed to the assembled meeting and recorded in the minutes. Any member declaring a conflict of interesting on any matter shall leave the meeting prior to an open floor vote being taken.

  4. In the case of the inability of a member of the Association to attend a meeting due to illness, long-term absence from the area, etc., the member may designate in writing a person to act on the members behalf as a proxy voter.

    1. The proxy Voter shall identify himself/herself prior to the start of the meeting to the recording secretary of the Association and shall be allowed to cast a yes, no vote only or abstain. He/she shall not propose or second a motion on the floor of the meeting or take part in the discussion of any matter before the membership.

    2. No proxy Voter shall hold the proxy of, represent, and/or vote for more than one member at an Association meeting.

    3. The proxy shall only be good for the specific meeting date as noted in the member’s proxy designation.


Sec. IV – Executive Officers and Term of Office
Rev. 1 – 2002/07/31

  1. The Executive Officers of the Association shall consist of President, Vice-President, Secretary, Treasurer, and Trustee.

  2. All officers shall be nominated and elected for a period of two years at the annual meeting of the Association by the majority vote of those present.

  3. If an Executive Officer is unable to complete His/Her term of Office due to unforeseen circumstances, the position shall be filled in the following manner.

    1. Greater than Fifty Percent (50%) of the resigning officers term of office is left to be fulfilled: – The Executive shall appoint a person to fill the balance of the term till the next Annual General Membership meeting. At which time a special election shall be held to fill the position for the balance of the term.

    2. Less than Fifty Percent (50%) of the resigning officers term of office is left to be fulfilled: – The Executive shall appoint a person to fill the balance of the term.


Sec. V – Duties of Officers
Rev. 1 – 2002/07/31

  1. Three members of the Association Executive present at any Executive meeting shall constitute a quorum for the transaction of business. Questions arising at any meeting of the Association Executive shall be decided by a majority of votes. In the case of an equal vote by the executive on an item of discussion, the Chairperson shall cast the deciding vote.

  2. The duties of the President shall be to preside at the annual and other meetings of the Association, and generally to perform the ordinary duties of the President of such an Association. The President shall ex-officio be a member of all committees.

  3. The Vice-President shall perform the duties of the President in the President's absence and such other duties as prescribed by the membership.

  4. The Secretary shall preserve the records of the Association, keep minutes of all General and Special meetings of the Association, keep minutes of all Association Executive meetings, sign Association Records and Reports, prepare and forward letters, invitations, bulletins, announcements, and generally performs the usual duties of a Secretary of an Association.

  5. The Treasurer shall collect, receive and account for all moneys due and payable to the Association, and/or payable by the Association, and shall pay same out on order of the President, or the Vice-President in the absence of the President. The Treasurer shall present an audited financial statement at the annual meeting of the Association, and at such other times as may be requested by the Executive Committee and/or upon the written request of a member of the Association with the agreed approval of the Association Executive. All disbursements greater than One Hundred Dollars ($100.00) shall be listed as separate items in the financial statement. All cheques over One Hundred Dollars ($100.00) issued by the Treasurer shall be signed by the Treasurer and counter-signed by either the President or Vice-President.

  6. The Trustee shall maintain the records of attendance at all general and other meetings and certify that a quorum is present for the conducting of the business of the Association. Upon the number of members present falling below a quorum as outlined in the appropriate sections and sub-sections of the constitution the Trustee shall notify the chair and the meeting shall come to an end. The trustee shall also perform such other duties as deemed necessary by the Executive and/or the membership.


Sec. VI – Disbursement of Funds
Rev. 1 – 2002/07/31

The funds of the Association shall be handled in the following manner:

  1. Disbursement of amounts under $100.00 for routine operating expenses or other minor purposes may be paid out on order of the President or in his/her absence, the Vice-President.

  2. Disbursement of amounts over $100.00 but not exceeding $750.00, may be paid out on order of the President or in his/her absence the Vice-President, and shall have the consent of the Executive Committee.

  3. Special appropriations or disbursements of more than $750.00 must be approved by the members of the Association at any annual meeting or special membership meeting called for that purpose.


Sec. VII – Annual General and Special Meetings
Rev. 2 – 2003/07/23

  1. The annual meeting shall be called by notice, signed by the President and/or Secretary, and shall be held at Stokes Bay, on or as near as possible to July 1st.

  2. A quorum for the transaction of business at the annual meeting shall consist of Fifty Percent (50%) of the membership holding valid paid up memberships, attending the meeting and having registered their attendance upon arrival.

  3. One auditor shall be elected annually by the membership at this general meeting.

  4. A special meeting of the members shall, at the written request of any five members, be called by the Secretary by mailing a notice, stating the object of such meeting, and giving at least twenty-one days prior notice of the time and place of this meeting.


Sec. VIII – Order of Business
Rev. 0 – 2002/06/29

  1. The following order of business shall be observed at the Annual General Membership meeting:

    1. Reading of minutes of the last general or special meeting.

    2. Reading of report of Secretary.

    3. Reading of report of Treasurer.

    4. Election of Officers.

    5. Election of Auditor.

    6. Approval of major financial appropriations.

    7. Unfinished business.

    8. Miscellaneous and new business.

    The above order of business shall be used at all meetings so far as practicable. In all matters of procedure, “Robert’s Rules of Order” shall be considered authoritative.


Sec. IX – Amending Formula
Rev. 2 – 2003/07/23

  1. As Adopted Sections I, II, III and IX of this Constitution and By-laws shall only be amended by a two-thirds majority of the membership of the Association.

  2. Sections IV through VIII of this Constitution and By-laws may be repealed or amended or new By-laws adopted except as noted in Sec. IX (1), at any annual or special general meeting by a vote of Eighty Percent (80%) of the members present at said meeting as outlined in Sec. VII (2), except as noted in Sec: III (2).

  3. Members proposing amendments to the Constitution and/or By-law(s) and proposed new By-law(s) shall ensure written notice of such amendment(s) and/or By-law(s) including the specifics of why said Amendment(s) and/or By-law(s) is/are being proposed shall be provided to the Secretary no later than five (5) weeks prior to the annual General Meeting. Such Amendment(s) and/or By-law(s) shall be mailed to all members at least twenty-one (21) days prior to the meeting at which the amendment(s) and/or By-law shall be voted upon, such notice shall include the scheduled time and place of such meeting.