Article 1 Name
The organization shall be known as “Twin Lakes Beach Association Inc.” a Not For Profit Corporation hereinafter referred to as the “Association”.
Article 2 Boundaries
The Association encompasses property owners located on Venice Road North and Venice Road South, located in the R.M. of St. Laurent, and Twin Lakes Beach Road South in the R.M. of Woodlands.
Article 3 Purpose
The Association exists to serve the interests of its members, promote good fellowship among its members and promote good relations between its members and the surrounding community.
Article 4 Interpretation
In the event of any dispute as to the meaning of any Article or By-law heretofore or hereafter passed, the interpretation of the Executive shall be final and conclusive.
Article 5 Definitions
- By-law – Means any By-law of the Association
promulgated from time to time and in effect; - Majority
Vote – Fifty percent
plus one of the eligible voters; - Tie
vote – In the event
of a tie vote, the motion will be defeated; - Singular – The singular shall include the
plural and the plural shall include the singular; - Masculine – The masculine shall include the
feminine and the feminine shall include the masculine; - Fiscal
Year – A period of
twelve consecutive months from May 1st of a year to April 30th
of the following year; - Elected – Elected at large during the Annual
General Meeting; - Selected – Appointed by the Executive
Committee;
Article 6 Membership
- 6.1 Eligibility for Membership. Any
person owning or leasing property along Venice
Road North or Venice Road South(R.M. of St. Laurent) or Twin Lakes Beach Road South (R.M. of Woodlands),
or any family member designated by the property owner or lease owner is
eligible to purchase a membership in the Association, renewable annually. Voting shall be limited to two votes per
property title. In case of multiple
titles with the same ownership, voting privileges will be limited to two votes.
- 6.2 Membership Benefits. A member having
paid his/her annual dues is entitled to the following: - Assist,
speak and vote at the Annual General Meeting - Receive
an annual membership card - Receive
a listing of members by lot location - Receive
any newsletter produced by the Association - The
Right to be elected to and hold position on the Executive Committee - The Right to be selected as a Member at Large
- 6.3 Membership Annual Dues. Any changes to the membership annual dues
will be presented and voted on at the Annual General Meeting
Article 7 Governance
The Association is governed by an Executive committee, assisted by the Members at Large:
- 7.1 Executive Committee. The Executive Committee is formed by the
President (elected), the Vice President (elected), the Secretary (elected), the
Treasurer (elected) and a minimum of two or a maximum of three Past Presidents
(selected).
- 7.2 Duties of Executive Members.
- President: Chair
all meetings, prepare a report submitted at the Annual General Meeting, prepare
agendas for all Meetings, is ex-officio on all committees, represents the
Association as required, is a signing authority on financial and other documents on behalf
of the Association, and acts to protect the assets of the Association as
required. - Vice-President:
In the absence of the President perform the duties of the President and
carry out other duties assigned by the President, including signing authority
for financial documents and other documents as assigned by the President. - Secretary:
Record and preserve the minutes of all meetings, keep on file all
correspondence, issue Notices of Meetings as requested by the President or the
Executive Committee, file Annual Corporation Return, distribute all official TLBA communications via TLBA email address, and serve as a signing authority for
financial documents. - Treasurer:
Responsible for the finances of the Association for both the General
Fund and the Legal Fund, including preparation of financial records and
reports, annual Financial Statements, the completion of transactions necessary
to carry out the business of the Association, including banking,
finance-related activities necessary to protect the assets of the Association
and support its goals, and serve as a signing
authority for financial documents. - Past
Presidents: Responsible for supervising the annual election
of the Executive, and to provide experience and counsel to the Association.
- 7.3
Members at Large: They are selected by and report to the Executive
Committee for specific duties as required.
- 7.4 Vacancy to members on the Executive
Committee and Members at Large: A
replacement for a vacancy due to death or resignation (in writing) is selected
by the Executive Committee.
- 7.5 Conflict of Interest: Members of the Executive or selected as
Members at Large are responsible to defend the interests of the Association and
as such will not place themselves in a conflict of interest situation or position of personal/financial gain.
Article 8 Finance
- 8.1 Banking: At the delegation of the Executive Committee,
the Treasurer shall arrange for the protection of the Association’s revenues,
funds, and securities by depositing such assets, in the name of the
Association, with a recognized financial institution. - 8.2 Signing Authorities: The Association shall arrange a Banking Bylaw
with a financial institution that includes the requirement to have two
authorized signatures on any withdrawal document. The President, Vice-President, Secretary and
Treasurer shall be authorized as signing authorities on behalf of the
Association. - 8.3 Expenditures, Commitments, and Contracts: The Executive Committee is authorized to
incur such expenses as considered necessary for the continued operations of the
Association. No person shall incur an
expense or make a commitment on behalf of the Association unless authorized by
the Executive Committee or the membership at an Annual General Meeting. - 8.4 Books and Records: As delegated by the Association, the
Treasurer shall maintain books and records to account for the finances of the
Association entrusted to the Executive Committee and shall prepare an Annual
Financial Statement for presentation and disclosure to the membership at the
Annual General Meeting. - 8.5 Borrowing of Money: In keeping with the “not for profit” nature
of the Association, no borrowing by either the Executive Committee or any
member, on the behalf of the Association, is allowed.
Article 9 Meetings
- 9.1 Annual General Meeting: The Annual General Meeting will be held once a year, on the second Sunday of July, in the RM of St. Laurent, subject to special circumstances requiring it to be rescheduled, and notice of the meeting will be advertised to our members. The quorum for the meeting shall be 30 paying members. The order of business shall be as follows:
- Call to Order
- Quorum
- Roll Call
- Approval of the previous Annual General Meeting Minutes
- Business arising out of the minutes
- Correspondence
- President’s Report
- Treasurer’s Report
- Committee’s Reports
- Elections
- New Business
- Adjournment
- 9.2 Executive Committee Meetings: A minimum of two Executive Committee Meetings
per year will be called by the President to conduct the business of the Association. The quorum for each meeting shall be 4 members of the Executive Committee. The order of business shall
be determined by the President.
Article 10 Elections
The Executive positions annually submitted to election at large during an Annual General Meeting are the following:
- President
- Vice-President
- Secretary
- Treasurer
The Election Chair is a Past President, member of the Executive Committee, and is responsible for the election process during the meeting (show of hands or secret ballot)
Nominations for the elected positions shall be provided before the Annual General Meeting to the Election Chair and additional nominations from the floor will be accepted by the Election Chair during the Annual General Meeting. Serving members may be re-elected on the Executive Committee. There is no term limit affixed to any of the elected positions.
Article 11 Indemnification
Every Executive Committee member or Member at Large of the Association or other person who has undertaken or is about to undertake any liability on behalf of the Association and their heirs, executors, administrators and estate, respectively, shall at all times be indemnified and saved harmless out of the funds of the Association from and against:
- 11.1 All costs, charges, and expenses
whatsoever which such Executive Committee member, Member at Large, or other
person sustains or incurs in or about any action, suit, or proceeding which is
brought or prosecuted against him for or in respect of any act, deed, matter of
things whatsoever made, done or permitted by him in or about the execution of
the duties of his office except such costs, charges or expenses as are
occasioned by his own willful neglect. - 11.2 All other costs, charges and expenses
which he sustains or incurs in or about or in relation to the affairs thereof,
except such costs, charges or expenses as are occasioned by his own willful
neglect.
Article 12 Amendments
Notification of Amendments to the Constitution and its Bylaws must be provided in writing at least 60 days prior to the Annual General Meeting and may be approved by the membership during the Annual General Meeting. Amendments to the Constitution and Bylaws require a minimum of two thirds majority approval by the members in attendance.
Article 13 Dissolution
Dissolution of the Association would result in any and all Association funds being donated to a recognized Charity or Charities, determined by the Executive Committee at the time of dissolution.
Article 14 Statement of Approval
This Constitution, as updated and approved at the 2019 Annual General Meeting held on July 21st 2019, supersedes in its entirety all previous Constitutions.
Kelly Seifert-Clarkson Jan Marcinyk
Motion – Member – Lot 736 Seconded – Member – Lot 1258
Frank Clark Larry Marquardson
President – Lot 704 Vice President – Lot 148