Constitution of Rules. Darlington Tennis Club

Transcription

1 Constitution of Rules Darlington Tennis Club Amended August 2007

2 CONTENTS Clause Page 1. Name Objects Attaining Objects Property of the Association Powers of the Association Membership Subscription Termination of membership Management committee Powers of the management committee Auditor General meetings Voting Finance Common Seal Alterations to the Constitution and By Laws Use of Premises Interpretation of Rules Dissolution... 8

3 1. NAME The name of the Association/Club is Darlington Tennis Club (Inc.) hereinafter referred to as the Association or Club. 2. OBJECTS The objects of the Association are: 2.1 To purchase, lease, hire or otherwise acquire any real or personal estate for the purpose of carrying on a Tennis Club. 2.2 To lay out, construct, build, erect, alter, or maintain upon the premises for the time being, belonging to or occupied by the Club, Tennis Courts, Clubhouses, and other buildings and erections incidental thereto, and to furnish, fit up and maintain the same for the use of the members of the Club, and to provide all necessary equipment, appliances and conveniences therefore. 2.3 To promote, hold or enter into either alone or jointly with another Club or Association any tournaments, competitions and matches to offer, give or contribute trophies and other awards therefore. 2.4 To encourage affiliation with or subscribe to any other association or body whose objects are similar to the objects of the Club, and, if thought fit, to withdraw or retire from any such association or body. 2.5 To invest and deal with the moneys of the Club not immediately required upon in such securities and in such manner as may be from time to time determined for the benefit of the Club. 2.6 To improve, manage and develop the Club and its facilities, within our Lease Agreement with the Shire of Mundaring. 2.7 The Club will actively pursue a course to raise or seek grants for the purposes of improving Club facilities and for fostering tennis within the Club. 2.8 None of the above objects shall be deemed to entitle the Club to engage in the pursuit of gain or profit for the distribution amongst the members or their associates. 3. ATTAINING OBJECTS To do any other act, matter, or thing which may be deemed conducive to the interests of the Club, or in the interests of the game of tennis. 4. PROPERTY OF THE ASSOCIATION The Association must apply all property and income of the association towards the promotion of the objects or purposes of the Association. No part of that property or income to be paid or otherwise distributed, directly or indirectly, to members of the Association, except in good faith in the promotion of those objects or purposes. 5. POWERS OF THE ASSOCIATION (as conferred by Section 13 of the Act.) 5.1 To open and operate bank accounts; 5.2 To invest its money 1 P age

4 5.2.1 in any security in which trust moneys many be invested; or in any other manner authorised by the rules of the Association; 5.3 To appoint agents and employees to transact any business of the Association on its behalf for reward or otherwise; 5.4 Accept donations and gifts in accordance with the objects of the Association; 5.5 Print and publish and information by any media including newsletters, newspapers, articles or leaflets for promotion of the Association; 5.6 Provide gifts and prizes in accordance with the objects of the Association; 5.7 Organise social events for members and the promotion of the Association; and 5.8 To enter into any other contract the Association considers necessary or desirable, should this fall within the constraints of the Lease Agreement. 6. MEMBERSHIP 6.1 Membership shall be open to any person who agrees to act appropriately within the bounds of the Club s Constitution and By-Laws and to further the interests of the Association. 6.2 Any person seeking membership shall make application to the Management Committee, and the Management Committee shall determine whether the application is successful or not. 6.3 Each person admitted to membership shall be; Bound by the Constitution and By-Laws of the Association Come liable for such fees and subscriptions as may be fixed by the Association Entitled to all advantages and privileges of membership. 6.4 Membership Categories: ORDINARY MEMBER Any person who is a financial member of the Association is entitled to hold any office and enjoy the privileges of the Association SOCIAL MEMBER Persons other than Ordinary Members who are interested in promoting the Association, but who do not wish to participate in the playing activities of the Association, may become a Social Member. Social Members are supporters of the Club but shall not be entitled to vote, hold office or take place in Club play JUNIOR MEMBER Any person under the age of 18 years may become a Junior Member. Junior members shall have no voting rights nor be entitled to hold any office LIFE MEMBERSHIP Criteria To be nominated for Life Membership a person must have been a member of the Darlington Tennis Club for at least 15 years. During this time the person has to have served on the Committee and taken on executive positions (eg President, Secretary, Treasurer, Captain etc) for at least 5 years. 2 P age

5 The person must have given meritorious service on the Committee and to the Darlington Tennis Club. The nomination for Life Membership must be forwarded to the Committee at least one Committee Meeting before the award is to be made (which is normally at the Annual General Meeting) and the written application must be signed by the nominator and 2 seconders. Where possible the nomination should be kept secret from the prospective Life Member until the award is made PATRON The Association may, at its discretion, elect a patron/s or vice patron/s of the Association for such period as may be deemed necessary. Such patron/s or vice patron/s shall not be eligible to vote unless they are current members of the Association under another category of membership Fees shall be determined by the Committee at the Annual General Meeting or Special General Meeting. 6.5 The Management Committee shall appoint a member of the Management to maintain an up to date Register of Members of the Association. 6.6 A member may at any reasonable time request to inspect the records and documents of the Association, via written application. 7. SUBSCRIPTIONS Subscriptions shall be determined by the By-Laws of the Club and are to be paid by different classes as and when they are due. 8. TERMINATION OF MEMBERSHIP 8.1 Any person s membership may be terminated by the following events: Resignation A member may at any time, by giving notice in writing to the Honorary Secretary, resign his membership of the Club, but shall continue to be liable for any annual subscription or part or instalment of such annual subscription due and unpaid at the date of his resignation Expulsion Every member on joining the Club undertakes to comply with the rules of the Club for the time being, and any refusal or neglect to do so, or any conduct whether upon the premises of the Club or elsewhere which is in the opinion of the Committee unbecoming of a member, or detrimental to the interest of the Club, shall render such member liable to expulsion. The Committee may investigate any of the matters aforesaid and may call upon such persons to show cause why his/her name should not be removed from the Register of Members. Such person shall be furnished with a full copy of the charge made against him/her and may appear before and address orally, or by writing, the Committee at the meeting at which the matter is investigated. 3 P age

6 Such member, if present, shall retire from the meeting when the investigation is completed to allow the Committee to arrive at their decision. No investigation shall be carried out unless at least eight members of the Committee are present, and if, in the opinion of the Committee, the charge is sustained, the name of the offending member shall be struck off the Register of Members. Any member whose name is struck off the Register of Members under this Rule shall forfeit all nomination fees and subscriptions paid by him/her and all right in claim upon the Club and its property A member s annual membership fee remains unpaid 4 weeks after the Annual General Meeting. 8.2 The Management Committee shall have the power to suspend or expel any member of the Association for: Any of the events in Item False or inaccurate statements made in the member s application for membership of the Association Breach of any rule, regulation or by-law of the Association By any act detrimental to the Association. 9. MANAGEMENT COMMITTEE (i) (ii) (iii) sometimes called the Executive Committee committee persons are sometimes referred to as Office Bearers the main Office Bearers are often referred to as The Executive 9.1 Management of the Association shall be vested in the Management Committee elected by the members at the Annual General Meeting and consisting of: President Vice President Secretary Treasurer Four General Committee Members Club or Team Captains 9.2 No person shall hold more than one position on the Management Committee at any one time excepting the position of Club Captain. A person shall cease to be a member of the Management Committee at the conclusion of the Annual General Meeting, which follows his/her election and he/she will be eligible for re-election. 9.3 A quorum of the Management Committee shall be a minimum of five. 9.4 If the President or Vice President is unable to attend, then a chairperson nominated by the meeting shall chair that meeting. 9.5 A member of the Management Committee may lose his or her seat on the Committee for either of the following; absence from three or more meetings without leave of absence or suitable notification found not to be a financial member 4 P age

7 10. POWERS OF THE MANAGEMENT COMMITTEE 10.1 The Management Committee shall carry out the day-to-day running of the Association and shall have the power to: Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such account Fix the manner in which such banking accounts shall be operated upon, providing the Management Committee passes all payments Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof Adjudicate on all matters brought before it which in any way affect the Association Cause minutes to be made of all proceedings at meetings of the Committee and Special General Meetings of Members Make, amend and rescind rulings and By-Laws Have the power to form and appoint any sub-committee/s as required for specific purposes May at their discretion employ a person or persons to carry out certain duties required by the Association, at salaries or remunerations for such period of time, as may be deemed necessary Should a vacancy occur on the Management Committee during the season, the Management Committee shall appoint a successor until the next Annual General meeting Appoint an officer/s or agent of the Management Committee to have custody of the Association s records, documents and securities. 11. AUDITOR 11.1 The Annual General Meeting shall elect or appoint an Auditor or Auditors The Auditor/s shall examine and audit all books and accounts of the Association annually, and have the power to call for all books, papers, accounts, receipts etc., of the Association and report thereon to the Annual General Meeting. 12. GENERAL MEETINGS 12.1 Annual General Meeting The Annual General meeting of the Association must be held within six weeks of the end of the Club s Financial Year. (June 30 th to July 1 st ) The Secretary shall give at least fourteen (14) days notice of the date of the Annual General Meeting, to Members All Financial Members may attend the Annual General Meeting. Only Financial Members are eligible to vote. Votes by proxy may not be accepted at any Annual General Meeting, Extraordinary or any other meeting of the Club. Members can nominate in writing for a position on the Committee. 5 P age

8 The quorum at the Annual General Meeting shall be a minimum of 20 or 15% of the Financial Members, which ever is the smaller. If, at the end of 30 minutes after the time appointed in the notice for the opening of the Meeting, there be no quorum, the Meeting shall stand and adjourn for one week. If at such Meeting there is no quorum, those members present shall be competent to discharge the business of the Meeting The agenda for an Annual General Meeting shall be: 12.2 General Meetings Opening of the Meeting Apologies Confirmation of Minutes of previous Annual General Meeting Presentation of President s Report Acceptance of Annual Report Presentation of Treasurer s Report and election of Auditor for the following year Payment of Honorariums Election of new Executive and Committee Determination of Annual Membership Fee Notice/s of Motion Notice of 1 st Committee Meeting Closure General Meetings may be called by the Management Committee or at the request of the President and Secretary or on the written request detailing business to be discussed, of not less than five members of the Association The Secretary shall give at least seven (7) days notice, in writing, of the date of the General Meeting to the Committee. Notice of General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that General Meeting The quorum at the General Meeting shall be a minimum of 5 of the Financial Members At least 10 Committee Meetings will be held each annum. 13. VOTING 13.1 Voting Powers at the Annual General Meeting and General Meetings; The President shall be entitled to a deliberate vote and, in the event of a tied vote; the President shall exercise a casting vote Each individual Financial Member present shall have one (1) vote Voting Powers at Management Committee Meetings; The President shall be entitled to a deliberate vote, and, in the event of a tied vote, the President shall exercise a casting vote Each individual Committee Member present shall have one (1) vote. 14. FINANCE 14.1 All funds of the Association shall be deposited into the Association s accounts at such bank or recognised financial institution as the Management Committee may determine. 6 P age

9 14.2 All accounts due by the Association shall be paid by cheque after having been passed for payment at the Management Committee Meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee Meeting A statement showing the financial position of the Association shall be tabled at each Management Committee Meeting by the Treasurer A Statement of Income and Expenditure, Assets and Liabilities shall be submitted to the Annual General Meeting. The Auditor s Report shall be attached to such financial report The financial year of the Association shall commence on 1 st day of July in each year and end on the 30 th day of June in the following year. The accounts, books and all financial records of the Association shall be audited each year The signatories to the Association s account/s will be the Treasurer and any one from the following: President Vice President Secretary 14.7 All property and income of the Association will apply solely to the promotion of the objects of the Association and no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these objects. 15. COMMON SEAL (A rubber stamp on which is engraved the Association s name). The common seal of the Association shall be kept in the care of the Secretary. The seal shall not be used or affixed to any deed or document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two members of the Committee, both of whom shall subscribe their names as witnesses. 16. ALTERATIONS TO THE CONSTITUTION AND BY-LAWS 16.1 No alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or Special General Meeting, called for that purpose and notice of all motions to alter, repeal or add to the Constitution shall be advertised fourteen (14) days prior to the Annual General Meeting, or seven (7) days prior to a General Meeting called for such purpose The Secretary shall advertise such notices of motion at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a Special General Meeting Alterations to the By-Laws can be made only at Management Committee Meetings provided notice of the proposed alteration/s has been duly notified to Committee Members Such motions, or any part thereof, shall be of no effect unless passed by a seventy five percent (75%) majority (Special Resolution) of those present and entitled to a vote at the Annual General Meeting, Special General Meeting or Management Committee Meeting, as the case may be Within one month of the passing of a Special Resolution, the Secretary shall notify the Department of Consumer and Employment Protection of the amendment. 7 P age

10 17. USE OF PREMISES Except as allowed by the Committee of Management or as in these rules expressly provided, no person, other than a member, shall be entitled or allowed to enter upon or occupy the Club premises. 18. INTERPRETATION OF RULES The interpretation of these rules or of any By-Laws thereunder shall be in the sole determination of the Committee whose decision shall, until set aside by a Special General Meeting, be binding on all members. 19. DISSOLUTION If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be given or transferred to another association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to its individual members, and which association shall be determined by resolution of the members. 8 P age