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Westbrook Resident's Association By-Laws
Quick Links:
Mission and Purpose
Territory
Membership
Executive Committee
Operational Guidelines
Finances
Elections
Executive Committee Position Descriptions
Article 1 - Mission and Purpose
1.1 Mission Statement:
To foster a positive sense of belonging to the community through planned family, social, educational and sporting events, and to promote the general welfare and interests of members.
1.2 Purpose:
a. To arrange for community social, educational
and sporting events which encourage participation by the families of Association
member households;
b. To promote the improvement of the Westbrook
community.
c. To follow through on any mandates to speak
on behalf of members to various levels of government or other organizations
which impact the safety, welfare and concerns of Westbrook residents;
d. To Keep our community informed by acting
a s a clearing-house for residents regarding proposed developments or redevelopment;
e. To foster positive, open communication with
elected representatives and Richmond Hill and York Region staff, and;
f. To accept disburse, hold, and otherwise handle
money and other securities remitted, trusted, given and made available for
the purposes of the Association.
1.3 Non-Profit:
a. Our association is not for profit.
b. Executive committee positions are voluntary,
non remunerated positions.
c. No profit or other accretions to the Association,
or members of the Executive Committee, shall be useed in promoting its objectives.
d. Any proceeds from events will be used to
the benefit of the Association members.
2.1 Territory Map:
The territory covered by this association shall be according to the map attached
to these by-laws.
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3.1 Membership Requirements
a. A household is defined as one
or more residential units sharing a common municipal address.
b. Only one membership will be issued for any
given household.
c. To be considered a member household in good
standing the following conditions must be met;
Current residence within the Westbrook area as per map attached to these by-laws
(map) and
Payment of annual household dues in the amount published by the Executive
Committee at the last Annual General Meeting.
d. Individuals from each member household are
encouraged to participate in all association events and committees. He/she
may stand for Executive Committee office and to speak freely on his/her own
behalf at all general Association meetings.
Article 4 - Executive Committee
4.1 Executive Committee
The affairs of the Association shall be administered by an Executive Committee consisting of:
President Director, Membership & Directory
Vice President Director, Newsletter
Secretary Director, Social Events
Treasurer Members-At-Large
Director, Government Affairs
Members-At-Large - Number is optional to a maximum of 3. Members-At-Large would be good candidates for more specific roles in the next slate of nominated Executive Committee members.
4.2 Total Count:
a. Total membership of the Executive
Committee will not exceed 11.
b. Each member of the Executive Committee has
a single vote at all Executive Committee meetings.
4.3 Term of Office:
a. The term of office for Executive
Committee Members shall commence at the
b. time of the Annual General Meeting and extend
to the Annual General Meeting of the following year.
c. Consecutive terms of office for any one Executive
Committee member may not exceed 3 years.
d. The Treasurer position may not be held for
more than one year by any one person.
4.4 Filling Vacancies:
a. The Executive Members are responsible
for filling any vacancies which develop within a term of office.
b. The Vice-President will take over the position
of President, should it become vacant, and interested Members-At-Large, will
be considered for other vacant offices.
c. After quorum is declared, a majority vote
of the Executive Committee present at a regular monthly meeting, is required
to fill any vacancies.
d. Input form all Executive Committee members
and any interested members of the Association is both welcomed and encouraged
in this process.
4.5 Committees:
a. The Directors of the Association,
as listed under Article 4.1, are responsible for establishing a committee
of interested members of the Association to conduct the specific functions
of that Director
b. The size of the committee is determined by
the Director involved. Augmenting or diminishing the committee size will be
accomplished by the Director as required for activity and events throughout
the year.
4.6 Representation
a. No member of the Association
or member of the Executive Committee shall represent him or herself as having
a mandate to speak on behalf of the Association to any third party, without
prior approval of a majority of the members of the Association, or a two thirds
majority of the Executive Committee under special circumstances.
b. The Association will not participate in political
party activities. This does no preclude individual members of the Association
from participating in a political activity.
c. No member of the Executive may participate
in any dealings which could indicate a conflict of interest had occurred or
could reasonably be construed as occurring.
d. Each Executive Committee member must declare
in advance, or as promptly as possible, a conflict of interest if they enjoy
a personal stake in any item under review or discussion during an Association
or Executive Committee meeting. A conflict of interest being declared, the
Executive Committee member involved will be designated as exempt form voting
on the issue at hand. All such conflict of interest discussions will be fully
documented in the meeting minutes.
4.7 Executive Committee Scope:
a. The executive Committee is
charged with handling the day-to-day affairs of the association and coordinating
the social, educational and sporting events to fulfill the general mission
and purpose for the Association.
b. Additional mandates regarding positions to
present to third party organizations or negotiation on behalf of the Association
may be undertaken by an Executive Committee member only at the specific behest
of a majority of members in good standing with the Association and only after
this mandate has been fully discussed and thoughtfully awarded at a general
meeting of the Association membership.
c. Any legal issues which can reasonably anticipated
as arising from a previously mandated action by the membership must be fully
disclosed to the membership when identified and future steps voted on prior
to engaging a lawyer or taking any other steps which may cost Westbrook Residents
money.
d. The Executive Committee, or its individual
members, do not have the right to bind the Association to any legal action
without a general membership vote which grants a mandate by 75 percent of
the members in good standing with the Association.
e. Operational Fund:
The Executive Committee has access to the Association operational
fund only for the purposes as set out in the Mission statement, Article 1.1.
Access is denied to the operational fund for the purpose of acquiring legal
advice or enacting any legal action as a result of an activity which falls
outside the purpose of this Association, a separate and special fund, completely
and fully distinct from the Association general fund described in Article
6.3, would need to be established. The special fund would be designated clearly
in advance to Residents and the purpose of the funds (e.g. covering legal
costs or other expenses which fall outside the mandate of this Association),
fully disclosed.
f. The personal liability of an
Executive Committee member is nil so long as it may be demonstrated that the
member acted reasonably, in good faith and in accordance to the by-laws of
the Association.
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Article 5 - Operational Guidelines
5.1 Quorum:
a. Quorum is necessary to ensure
any votes taken at either the Executive Committee meetings or the general
Association meetings are binding and that any by-law amendments made are in
effect.
b. Executive Committee: Five members of the
Executive Committee, including at least two of President, Vice-President,
Treasurer or Secretary, shall form a quorum.
c. General Association Meetings: Quorum will
be declared if a minimum of 11r of the eligible member households are represented
at a general Association meeting.
5.2 Executive Committee Meetings:
a. The Executive Committee will
hold regular monthly meetings from September through June, during the term
of office.
b. These meetings will usually be held each
month, with the caveat that the regular monthly meeting will be held in advance
of the Associations Annual General Meeting to ensure completion of annual
reports, final fiscal year financial statement, and tabling of nominations.
c. Each member of the Executive Committee had
a single vote at these meetings, per article 4.2. Voting is by show of hands.
d. Minutes of these meetings are to be recorded
and distributed to all Executive Committee members.
5.3 General Association Meetings:
a. An annual General Meeting will
be held each year in September to conduct the process of electing a new Executive
Committee and tabling the annual reports from the previous executive.
b. General Association meetings will be convened
throughout the year as determined necessary by the Executive Committee.
c. Notice: Except in the case of emergency
situations, notice of a general meeting of the Association membership shall
be distributed roughly 14 days in advance of the meeting.
d. Posting: Except in the case of emergency
situations, any general meeting of the Association membership, and the Annual
General Meeting, shall be posted by 7 days in advance at all super box locations
in our designated territory, and on our association events sign(s)
e. General Meetings of the Association, including
the Annual General Meeting, shall be conducted on the basis of parliamentary
procedure and follow an agenda.
f. Non-members of the Association may attend
Association meetings if a general notice has been distributed to all Westbrook
residents.
5.4 General Association Voting:
a. Each member household in good
standing wit h the Association has one vote.
b. Director, Membership will maintain an up-to-date
list of all member households in good standing with the Association. He/she
will determine how each eligible member household will indicate a vote i.e.
voting paddle, show of hands etc.
c. Votes will be counted and recorded by the
Secretary. Results will be declared immediately.
d. Non-members do not have a vote.
5.5 By-Law Amendment:
a. Amendments to the Association
by-laws shall take place at a General Meeting of the Association, when quorum
has been declared.
b. Approval by a a simple majority of the association
membership present.
c. A tie on any amendment or motion shall be
deemed to defeat it.
d. Prior notification of any proposed by-law
amendment will be given in advance to the membership, adhering to notice provisions
in Article 5.3.
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6.1 Fiscal Year: The fiscal year
shall be from September 1 of each year to August 31 of the following year.
6.2 Treasurer's Report:
a. Treasurer will provide a monthly
report, including a bank reconciliation, to the Executive Committee.
b. Treasurer will provide a detailed year-end
report to the membership at the Annual General Meeting.
6.3 Funds:
a. There is one operation fund
of the Association.
b. No secondary account shall be created on
behalf of the Association without a two third vote of approval by the Executive
of the Association. Any subsequent accounts set up by the Association or in
the Association's name shall require the same signing restrictions as the
Associations general oeprating account.
c. The bank records and unused cheques are maintained
in the possession of the Association's current Treasurer.
6.4 Disbursements:
a. Any tow signing members of
the current Executive Committee, acting together, shall be the signing officers
of the Association;
b. The treasurer shall be the chief financial
officer of the Association and as such is responsible for the proper handling
of funds and accounts.
c. No pre-signed blank cheques shall be made
available by one signing officer to another.
d. All assets purchased with Association money
becomes the sole property of the Association. Executive Committee members
may dispose of assets, subject to a vote by the majority of the Executive
Committee.
6.5 Signing Officers:
a. Signing officers are appointed
from the current Executive Committee and are any two of; President, Treasurer;
Director, Social Committee; Director, Newsletter.
b. When a signing officer has vacated his/her
position, or the term of office has expired, new signing officers must be
registered with both the Treasurer and the Association's bank within 28 days.
6.6 Membership Fees:
a. The annual membership fees
shall be determined by resolution of the Executive Committee.
b. The current annual membership fee is posted
at each general meeting of the Association.
6.7 Event Costs:
a. Costs to attend Association
events, purchase refreshments and for participation in activities which have
a fee attached, will be set by the Executive Committee, with recommendations
from Director, Social Events.
b. The Executive Committee will bear in mind
the purposes of the Association and its not for profit nature, Article 1.1
and 1.3 when setting relevant costs.
c. All costs at an event may vary by membership
status.
d. Director, Social will prepare a statement
of disbursements and revenue for events prior to next Executive Committee
meeting.
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7.1 Eligibility:
To be eligible for office a person shall be 18 years or older and a member
in good standing, as described in Article 3.1.
7.2 Nominating Committee:
a. The executive Committee, or
a designated sub-set, shall act in the capacity of a Nominating Committee.
b. The chairperson of the Nominating Committee
shall be designated by the current President.
c. The Nominating Committee Chairperson shall
present a slate of nominees to the current Executive at the Executive Committee
meeting held prior to the Annual General Meeting.
7.3 Other Nominations:
a. A nomination supported by 5 votes from member households may be made from the floor at the Annual General Meeting.
7.4 Elections:
a. A simple majority of Members'
votes at the Annual General Meeting shall be necessary for the election of
each member of the Executive Committee, subject to quorum being declared.
b. All nominees for Executive Committee positions
must be present at the Annual General Meeting and indicate acceptance of their
nomination. Written acceptance to stand for election may be made by a nominee
unable to make the meeting.
Addendum #1
Executive Committee Position Descriptions
President: The President is responsible for over seeing the general running of the Association. He/she, or a designate, will act as chairperson for executive committee meetings and general Membership meetings. He/she will perform the office of spokesperson for te Association, while adhering to Provision 4.6 of the by-laws. He/she, or a specified designate, will represent the Membership at social events, town meetings and audiences with the Mayor or council members. He/she is a signing officer of the Association.
Vice President
The responsibilities of the Vice-President is to act for the President in the event that the President is not available or has given up the position. Special projects as outlined by the Executive Committee or the president may be assigned to the Vice-President.
Treasurer
Responsibilities include maintaining an accurate and timely account of all financial transactions of the Association. Preparing a monthly report, including a bank reconciliation, for the Executive Committee is required as is preparing a detailed year end rpeort for the membership and presenting it at the Annual General Meeting. Maintenance of the Association bank records and ensuring signing officers are up to date is a key function of this position. Handling of all cheques and money incoming to the Association and maintenance of the money box and any petty cash requirements fall to this position. He/she is a signing officer of the Association.
Secretary
Will keep an accurate and complete record of all decisions and action items agreed to at each Executive Committee Meeting. Distribution of meeting minutes will be timely and in writing. Documentation of any motions, votes and discussions at the Annual General Meeting and any General Association Meetings will be fully documented and circulated to the Executive Committee.
Director, Social Events
Responsible for annual planning of the Association's community social events with a recommendation to the Executive Committee. Once expenditures and plans are approved by the Executive Committee, the Director is responsible for organizing the events. Events are to be held at various times throughout the year and will be coordinated around seasonal themes. This position requires a well-organized person with great creativity and leadership. To ensure the successful result of each social event the Director will establish an enthusiastic and creative committee to assist him/her.
Director, Government Affairs
Is responsible for pro-actively seeking out the information
required by the Membership to resolve issues which fall under the mandate
of the Association, as given in Sections 1.1 & 1.2 of the Association's
by-laws. Will liaison with various levels of Government, Boards, Community
Groups, Developers etc. regarding whether assigned issues fall within the
mandate and specifically affect the Membership of the Association. Timely
and complete reporting of all third -party meetings will be made to the Executive
of the Association and, where deemed appropriate, to the general Membership.
Often will pursue issues affecting the Membership with a committee comprised
of interested residents and Executive Committee personnel.
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Director, Membership & Directory
The Director Membership shall:
•Solicit new members of the Association at
Association events.
•Maintain an up to date database of the current
membership.
•Co-ordinate membership drives as necessary.
•Provide a current listing of all eligible
member households at each General Meeting.
•Co-ordinate the voting mechanism for eligible
households at each General Meeting.
•Provide a membership report to the Association
at the Annual General Meeting.
•May be required to produce a Directory of
members at the behest of the Executive Committee.
Director, Newsletter
Is responsible for the creation, copying and timely distribution
of the Westbrook Resident's Association Newsletter. Contributions from other
members will be solicited and followed up to ensure a topical, interesting
and informative communication vehicle. Solicits advertising in each Newsletter
to off
-set any copying and distribution costs incurred. Any donations of resources
to Association events will be gratefully and prominently acknowledged in the
Newsletter. Director may be required to do the advertising sheets for Membership
events. Is a signing officer of the Association. A committee to assist with
distribution of the newsletter and solicitation of advertising is recommended.
Members-At-Large
Maximum of 3 may be elected and no specific portfolio
of responsibilities will be assigned to these executive positions. Each Member-At-Large
will be asked to participate in at least one committee. Various tasks will
be taken on throughout the year as projects and events are planned. Members-At-Large
are considered first in the event an Executive position opens up during the
year and are solicited to take on a more specific role by the nominating committee
prior to the next Executive Committee Election.
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