SANDYCOVE ACRES HOME OWNERS’ ASSOCIATION
1. The name of the Association shall be;
SANDYCOVE ACRES HOME OWNERS’ ASSOCIATION
(hereinafter referred to as the Association)
2. The principal office of the Association shall be located In Sandycove Acres Park and the mailing address shall be P.0. Box 7151, Innisfil, Ontario, L9S 1A9
3. Membership in the Association is open to each Homeowner and spouse, likewise in the case of Joint Homeowners those so recorded with Sandycove Acres Ltd.
4. The objectives of the Association are to:
(a) Protect, as far as possible, the interests and investments of the members related to their equity in the home, the charges for operation and maintenance and the charges for land rental and taxes consistent with existing agreements with Sandycove Acres Ltd. (hereinafter referred to as the Company)
(b) Assist members of the Association in respect to major problems or complaints which may arise and cannot be resolved through direct communication between the member and the Company.
(c) Determine the interest of members in matters affected by legislation and regulation by all levels of government and make representation where appropriate to the governing body.
(d) Through direct communication and liaison with the Company, promote a relationship between members and the Company which is professional, constructive and satisfying and which results in members receiving maximum benefit from residence In Sandycove Acres.
(e) Promote protection of the environment.
5. The governing body of the Association shall be the Board of Directors elected annually and constituted in such a manner as the By-Laws provide.
6. The Board of Directors may, from time to time, enact, amend or repeal By-Laws of the Association. When any such action is taken by the Board of Directors a General or Special Meeting of the Association shall be convened within 90 days to approve the enactment, amendment or repeal by an affirmative vote of at least two-thirds of the members present at the meeting.
7. The Constitution may be amended by an affirmative vote of at least two-thirds of the members present at a General or Special Meeting of the Association. The Board of Directors shall notify members of the amendment proposed through the Newsletter, internet posting or by Canada Post at least two weeks prior to the meeting at which the amendment will be presented.
8. The Association shall not maintain a clubhouse or similar premises. The Association shall not support any political party or candidate for public office In the Federal, Provincial or Municipal field.
As Amended and approved at the Annual Meeting June 13th, 2010
SANDYCOVE ACRES HOME OWNERS’ ASSOCIATION
BY - LAWS
1. The Board of Directors shall consist of no less than four (4) and up to ten (10) members of the Association in good standing which have been elected by secret ballot at a General or Special Meeting. The term of office is one year.
2. Regular meetings of the Board of Directors shall be held on the first Tuesday of each month and Special Meetings may be called in event of emergency problems. Members of the Association may attend regular meetings of the Board as observers but may not participate unless invited to do so by the Chairman of the meeting.
3. At the first regular meeting of the Board of Directors, four officers (President, Vice-President, Secretary and Treasurer) shall be elected by the Board from among its members with duties as follows:
(a) President - Shall be the chief executive officer of the Association responsible for the conduct and administration of the Association; act as Chairman of all meetings of the Association and Board of Directors without voting power except In the event of a tie.
(b) Vice-President - Shall assist or act for the President in the performance of his (her) duties when so requested or in the absence of the President.
(c) Secretary - Shall record the Minutes of all meetings of the Association and the Board of Directors and attend to all correspondence.
(d) Treasurer - Shall maintain proper books of accounts of all financial transactions of the Association collect and receive dues as assessed, deposit all monies received by the Association to the credit of the Association's bank account(s) and initiate payment of all monies owed by the Association.
4. At the first regular meeting of the Board of Directors, chairpersons of the following committees will be established:
(c) Newsletter Communications
(d) Internet Communications
(e) TV committee
(f) Civic Affairs
(g) Special Projects
(h) Emergency Preparedness
Duties of the foregoing committees will be as defined and documented by the Board of Directors.
5. Five (5) directors present at a Regular or Special Meeting of the Board of Directors shall constitute a quorum. If a quorum is not present, the meeting shall be adjourned to a future date.
6. A director who fails to attend more than two (2) consecutive board meetings and/or more than a total of three (3) board meetings in the year of their term of office may be required to resign by the board of directors. Exceptions will be considered such as illness or other similar life events. When there is a vacancy on the board it shall be filled by the board appointing a new director until the next regular election.
7. All directors shall be eligible for re-election upon the completion of their term of office.
8. The President, if not re-elected as a director, shall serve for one more term as Honorary Past President without voting privilege.
9. Directors shall serve without remuneration but may be reimbursed for out-of-pocket expenses incurred while performing special assignments for the Association, subject to approval of the Board.
10. The President, with approval of the Board, may engage legal or accounting advice but the Board of Directors may not involve or commit the Association in any legal or court-of-law action without the approval of a two-thirds majority of the members attending a General or Special Meeting.
11. Conflicts of Interest must be declared by directors if and when events dictate. If a conflict of interest is so declared, the director concerned shall have neither voice nor vote on any relevant issues. Further, at no time shall a publicly elected member (Municipal, County, Provincial and/or Federal) nor any person employed by Sandycove Acres Ltd., be a member of the Board. A director who fails to make such declaration and where the conflict is shown to exist, shall resign.
12. Giving full consideration to the terms of the Constitution and By-Laws of the Association, any or all of the Directors shall be held harmless of actions or damages while performing their duties consistent therewith.
13. The fiscal year of the Association shall be from July 1st through to the following June 30th.
14. The Annual Meeting of the Association shall be held during the month of June on a date and at a place set by the Board of Directors.
15. Membership dues, as determined by the Board, assessed per home, shall be reviewed by the Board prior to the Annual Meeting and if deemed necessary, adjusted to meet the financial needs of the Association.
16. At least 60 days prior to the Annual Meeting the Board of Directors shall appoint a nominating chairperson to prepare a slate of candidates for the new Board of Directors.
17. At the Annual Meeting, the chairperson of the Nominating Committee shall announce its slate of candidates for election. To qualify for election to the Board of Directors, candidates shall be members of the Association In good standing, be aware of the responsibilities of a director and agree to stand for election. Only 1 person per household may be a member of the Board of Directors at one time.
18. Should more than ten (10) candidates be nominated for the position of director then the chairperson of the Nominating Committee shall conduct an election by secret ballot and shall appoint two persons from the membership to count and tabulate the vote.
19. The Association shall transact its banking business with and keep one or more bank accounts at a convenient branch of a Canadian financial institute, as approved by the Board of Directors.
20. All monies received by the Treasurer in the form of membership dues or otherwise shall be deposited to either of the Association's bank accounts. All cheques and other orders for payment shall be signed in the name of the Association by any two of the following four officers: President, Vice-President, Secretary, or Treasurer. All cheques or orders for payment shall require the prior approval of the Board of Directors in the form of a resolution entered in the Minutes by the Secretary. A proper receipt or voucher shall be obtained for every expenditure made on behalf of the Association.
21. If normal revenues appear unable to meet the needs of special projects undertaken by the Association, the Board may levy a special assessment on members to cover such extra costs, but no undertaking to incur such costs shall be made without the approval of a two-thirds majority of the members present at the meeting.
22. A Financial Statement shall be prepared by the Treasurer as at the end of each fiscal year and presented at the Annual Meeting.
23. The books of accounts and membership records of the Association shall be audited annually by auditors appointed by the members at each Annual Meeting and reported to the members.
24. In the event of any dispute as to the intent or meaning of the Constitution or By-Laws, the interpretation of the Board of Directors shall be final and conclusive.
25. Voting by proxy is permitted providing that the proxy Is In writing, signed by the member casting the ballot and presented to the Secretary prior to any Annual or Special meeting at which a vote will be taken. A proxy vote will count in determining the percentage of ballots cast to approve or disapprove a resolution
26. Ten (ten) percent of the current membership must be present at a Regular or Special Meeting of the Association to constitute a quorum. If a quorum is not present the meeting shall be adjourned.
As Amended and approved at the Annual General Meeting, June 13, 2010.
Minutes of June 13, 2010 AGM