ATLANTA YACHT CLUB RULE BOOK

Transcription

1 ATLANTA YACHT CLUB Founded June 14, 1950 RULE BOOK CONSTITUTION BY-LAWS RULES AND REGULATIONS Updated December 20, 2015 This version supersedes all previous versions, digital or printed, of the AYC Rule Book.

2 TABLE OF CONTENTS I. CONSTITUTION...1 ARTICLE 1: NAME...1 ARTICLE II: PURPOSE...4 ARTICLE III: CLUB BURGEE...4 ARTICLE IV: MEMBERSHIP...4 ARTICLE V: OFFICERS AND BOARD OF GOVERNORS...9 ARTICLE VI: ELECTION OF THE BOARD OF GOVERNORS...9 ARTICLE VII: DUTIES OF THE BOARD OF GOVERNORS ARTICLE VIII: MEMBERSHIP MEETINGS ARTICLE IX: VOTING ARTICLE X: COMMITTEES ARTICLE XI: DEBT ARTICLE XII: DISCIPLINE ARTICLE XIII: AMENDMENTS ARTICLE XIV: BY-LAWS ARTICLE XV: EQUALITY POLICY II. BY-LAWS ARTICLE I: INITIATION FEES AND DUES ARTICLE II: MEMBERSHIP MEETINGS ARTICLE III: MEETINGS OF THE BOARD OF GOVERNORS ARTICLE IV: PROCEDURE for ADMISSION OF MEMBERS ARTICLE V: AMENDMENTS III. RULES AND REGULATIONS A. CLUB FACILITIES B. HOUSE AND GROUNDS C. DOCKS D. BERTHING OF BOATS E. EMPLOYEES F. CLUB-OWNED BOATS G. SAFETY H. COMMUNICATIONS WITH CORPS OF ENGINEERS I. SPECIAL AWARDS J. AYC DONATION POLICY K. AYC SOCIAL MEDIA POLICY L. DUTIES OF COMMITTEES... 31

3 IV. CHAMPIONSHIP RULES AND REGULATIONS A. AYC CLUB CHAMPIONSHIP B. AYC WOMEN'S CHAMPIONSHIP C. AYC JUNIOR CHAMPIONSHIP D. CHANGES V. CABIN COLONY REGULATIONS A. SCOPE B. COLONY COUNCIL C. HEALTH D. TIDINESS E. SAFETY F. RESTFULNESS G. ASSIGNMENT AND USE OF CABINS H. CABIN DUES I. CABIN COLONY CONSTRUCTION REGULATIONS J. EXCERPTS FROM CABIN COLONY REGULATIONS VI. CAMPING AREA REGULATIONS A. SCOPE B. HEALTH AND SAFETY C. RESTFULNESS D. TIDINESS E. ASSIGNMENT AND USE OF TENT AND RV SITES APPENDIX A APPLICATION FOR TRANSFER OF CABIN A. SUMMARY B. ADMINISTRATION APPENDIX B APPLICATION FOR TRANSFER OF DOCK A. SUMMARY B. ADMINISTRATION... 61

4 GOVERNANCE CONSTITUTION THE ATLANTA YACHT CLUB Founded June 14, 1950 The governing documents, the Rule Book, of the Atlanta Yacht Club (AYC) are the Constitution, the By-Laws, and a group of Rules and Regulations. The components of the Rules and Regulations at this time are the AYC Rules and Regulations, the Championship Rules and Regulations, the Cabin Colony Regulations, and the Camping Area Regulations. All are published herein. Together these documents establish the discipline of the AYC and their purpose is to make the Club an enjoyable place for each Member. It is the duty of each Member to become familiar with them and abide by them. The Constitution and the By-Laws are amended by vote of the membership. Rules and Regulations are prepared by the various committees and approved by the Board of Governors. All changes to the Constitution, By-Laws, and Rules and Regulations shall be posted on the Club bulletin board when approved. The posted changes shall remain on the Club bulletin board until such time as the Rule Book shall be updated and distributed and shall be as binding as if printed herein. Copies of the minutes of the meetings of the Board of Governors shall be posted on the Club bulletin board when approved. This preamble titled GOVERNANCE is considered to be a part of the official Rules of the Atlanta Yacht Club and has the same force as the section on RULES AND REGULATIONS. This publication of the AYC Rule Book is dated March I. CONSTITUTION ARTICLE 1: NAME SECTION 1. The name of this corporation shall be the Atlanta Yacht Club. SECTION 2. This Club shall have a capital stock, which shall consist of an issue of two hundred and fifty (250) shares of non-par value common stock. Said capital stock shall have the privileges and powers and shall be issued with the restrictions, conditions and limitations, all of which shall appear either on the face of each certificate or on the back thereof with the proper reference on the face as follows, to wit: 1

5 CONSTITUTION (a) Said stock shall represent the owner's equity in the net assets of the Club upon liquidation but shall not be entitled to receive any dividend from the surplus earnings of the Club. (b) At all meetings of the stockholders or Members of this Club each owner of capital stock shall be entitled to one vote for the share of stock standing in the owner s name on the books of the Club, except as otherwise provided in the Constitution of this Club. No other Members or persons shall have the right to vote at such meetings. (c) The Club shall have a first lien upon each share of stock for any indebtedness owing to it by the owner and no transfer on the books of the Club will be made until such indebtedness is paid. (d) No certificate of stock shall be sold to any person without the consent of the Board of Governors of this Club and no transfer of any certificate shall be made on books of this Club without such prior approval. (e) The continuous ownership of one share of stock shall be necessary to qualify any person for admission to regular membership in this Club, or for continuing regular membership in this Club, but the ownership of such stock shall not per se entitle any person to membership in this Club. (f) The owner of a certificate of stock shall be the person in whose name the stock certificate stands on the books of the Club. (g) It shall be the duty of the Club in case of termination of membership of any regular Member to purchase for the sum of Six Hundred ($600) Dollars said Member's stock at any time on demand by the holder thereof, provided at the time of such demand all stock authorized to be issued by the Constitution has been issued and is then outstanding. It shall be the duty of such Member when this membership has terminated, upon being tendered the sum of $600, less any indebtedness owed to the Club at that time, to endorse the certificate of stock in blank and deposit it with the Board of Governors for such further disposition of the stock as the Board of Governors shall determine. Should the Member fail or refuse to endorse and deposit the certificate as hereinbefore provided, the Board of Governors shall have the right and power nevertheless by resolution to cause the certificate of such holder to be canceled and a new certificate thereafter to be issued in place of it to a new Member as the Board of Governors shall determine, and to cause the stock books of the Club to be marked accordingly just as though the certificate had been properly endorsed and deposited, provided the person whose membership has been thus terminated has been paid or tendered the amount due for the stock, less any indebtedness to the Club. (h) The Board of Governors of this Club shall have the right from time to time to sell the stock of this Club at such price per share as shall be fixed by it, not less than Six Hundred ($600) Dollars per share, up to the full amount herein 2

6 CONSTITUTION authorized, but only to Members or to those making application for membership who shall have previously been approved or elected by the membership committee. Said stock may be paid for in money, property or services, the value of which is to be determined by the Board of Governors. The certificates of stock of the Club shall be numbered and shall be entered in the books of the Club as they are issued. They shall exhibit the holder's name and number of shares and shall be signed by the Commodore or Vice Commodore, and the Secretary. Transfers of stock shall be made under the conditions provided in the Constitution on the books of the Club only by the person named in the certificate, or by attorney legally constituted, in writing, and upon the surrender of the certificate therefore. (i) Upon receipt of the official notification of election to Regular Membership from the Secretary, any Regular Membership applicant may apply in writing to the Treasurer of Atlanta Yacht Club, Inc. for permission to pay for his or her share of stock and initiation fee in installments. Upon receipt of said application it shall be the duty of the Treasurer to provide the applicant with security instruments for execution. The applicant shall execute a promissory note to Atlanta Yacht Club, Inc. in the amount of the stock purchase price and initiation fee payable in equal quarterly installments over a period of one year with interest at the rate equal to the prime rate at the time of acceptance of the application; the first installment shall be due on or before three months from the date of execution of the note and like payments shall be due on or before each three months thereafter. The applicant shall also execute an agreement pledging the said stock certificate as security for the payment of this obligation. Thereupon, the Secretary shall make an entry in the stock record book of the Club to show that the certificate was issued to the applicant and that the applicant is its owner, the certificate itself being physically held by the Secretary until the indebtedness is fully paid. Both the promissory note and the pledge instrument shall each provide that a failure on the part of the debtor to make any payment when due as well as a failure to meet any other financial obligation to the Club shall be an immediate default and shall make the entire indebtedness immediately due and payable. Until payment in full is made, the applicant shall not hold elective office, vote in Atlanta Yacht Club regular or special meetings, or be a cabin holder. The fleets shall control fleet membership and participation. Upon full payment, the Secretary will mark the note paid, the pledge instrument satisfied, and shall forward these instruments together with the stock certificate to the Member. 3

7 CONSTITUTION ARTICLE II: PURPOSE The principal purposes of the Club shall be: to promote sailing in all its branches; to help promote water safety and a code of ethics for the waterways; to form a social and activity nucleus for people in this area interested in sailing; to develop an active relationship with other sailing organizations; to promote racing and other sailing activities; and to foster a spirit of helpfulness and good fellowship. The Club is not and shall not be maintained, nor shall any of its objects be pursued or undertaken, for pecuniary profits. ARTICLE III: CLUB BURGEE SECTION 1. The Official Burgee of the Club shall be a pointed pennant 12 inches on the hoist and 22 inches in length over all. The burgee shall have a 1-¾ wide blue perimeter border with ½ wide white trim and contain thirteen white stars equally spaced. Centered within it will be a 6-½ x 12 red field with 1/8 wide white trim and 1-3/4 white capital letters displaying AYC located 1-1/4 from the 6-1/2 leading edge, centered vertically. The burgee may be enlarged proportionally up to 3 at the hoist for the purpose of presenting a burgee of adequate size on the club flagpole. SECTION 2. The Official blazer emblem of this Club shall be a navy blue felt pocket patch, three and one-quarter inches in diameter, framed with a gold bullion circle three inches in diameter, and centered by a fouled anchor two inches long in gold bullion with a Atlanta Yacht Club official burgee superimposed upon it. To the left of the anchor in the middle shall be an A, to the right of the anchor in the middle shall be a Y, and directly below the anchor shall be a C, all of these letters to be in gold bullion and measuring one-half inch in height. ARTICLE IV: MEMBERSHIP SECTION 1. Any person shall be eligible for membership who is interested in sailing and boating whether he or she is a boat owner or not. SECTION 2. REGULAR MEMBERS shall be persons who have reached their eighteenth birthday, who have been duly elected to Regular Membership, and who have acquired and hold continuously one share of stock in the corporation. Only Regular Members may hold elective office. Voting Members shall be Regular Members who are in good standing with current dues paid and may vote at all membership meetings of the Club. (a) Application for Regular Membership shall be made on the official form, executed and signed by a sponsor and co-sponsor. The sponsors shall be Regular Members in good standing. Membership shall take effect immediately upon favorable action by the Membership Committee. (b) All reference in this Constitution and in the Club's By-Laws to voting and holding elective office by Members shall apply only to Regular Members. 4

8 CONSTITUTION (c) The surviving spouse of a deceased Regular Member may request the transfer of the deceased's membership to his or her name by application to the Membership Committee. Such transfer and membership shall take effect immediately upon favorable action by the Membership Committee. SECTION 3. A Regular Member's spouse shall be entitled to the privileges of the Club. Dependents (unmarried children under age 25) shall be entitled to the privileges of the Club when under the supervision of a Member or spouse who is also on the Club premises. Dependents of a Member shall have no vote and shall be subject to such restrictions as the Club's rules and regulations may impose. Persons whose family privileges are terminated by marriage or age shall, upon applying for Regular Membership, be given preferential consideration over all other applicants, provided all other qualifications are equal. SECTION 4. ASSOCIATE MEMBERS shall be persons who have reached their eighteenth (18th) birthday but who have not yet reached their thirtieth (30th) birthday and are genuinely interested in sailing and are active sailors. (a) Application for Associate Member ship shall be made in the same manner as for Regular Membership. (b) An Associate Member shall enjoy all rights and privileges of the Club, except he or she may not own stock, may not hold an AYC elective office although is not prohibited from holding a fleet office, may not vote at AYC regular or special meetings, may not be a cabin holder, may not own a motorboat slip, may not hold a mooring in the cove, and may not own or be part owner of a private dock. (c) An Associate Member's spouse and/or dependents will enjoy the same privileges and restrictions as the spouse and/or dependents of a Regular Member (as limited by paragraph (b) above). (d) Associate Members shall pay an initiation fee and dues as provided in the By-Laws. (e) An Associate Member may apply to the Membership Committee for conversion to Regular Membership at any time by filing the forms prescribed for Regular Membership. Associate Memberships terminate at age 30 and an Associate Member must apply to the Membership Committee for conversion prior to reaching age 30. The initiation fee will be the current initiation fee less the amount paid when applying for Associate Membership. Upon approval of the application, he or she will be billed for a share of stock and begin paying the Regular Membership dues. If the application for Regular Membership is more than 3 months after termination of the Associate Membership, there will be no credit allowed for the Associate Membership initiation fee. 5

9 CONSTITUTION (f) Although an Associate Member may not own stock, this membership shall be counted with Regular Members when determining the total number of Members of the Atlanta Yacht Club for all purposes. Any person who is or has been a Regular Member of the Atlanta Yacht Club shall not be accepted as an Associate Member. SECTION 5. ABSENTEE status shall be available to a Regular Member who moves his or her residence to a point at least 200 miles from the Club, provided the Club's membership is below authorized strength at the time the Member applies for Absentee status. (a) Absentee status shall be limited to a period of 12 months, but may be renewed each succeeding 12 months at the discretion of the Board of Governors and at the request of the Member. Should a Member fail to request renewal of absentee status at the end of a 12-month period, the Member shall immediately be placed in the Member s original status without recourse. (b) A Member in absentee status shall enjoy all rights and privileges to which the Member is entitled under his or her normal membership classification except that he or she may not be a cabin holder or hold elective office. (c) Upon re-establishing residence within the 200-mile limit, the Member shall revert at once to his or her original status and be billed dues accordingly. (d) Regular Members in absentee status shall pay dues as provided in the By- Laws. (e) Members of the Club who are Reserve Members of the Armed Forces and are called up for active duty are exempt from the above stipulations. Such Members may retain their Absentee status, as well as the assignment of their cabins, until the expiration of their active duty status. SECTION 6. STUDENT MEMBERSHIPS shall be available to individuals in accordance with the following: (a) A Student Member may be any person between the ages of 18 and 29 who is enrolled as a full time college student so long as he or she remains a full time college student. (b) Student Members must pass all the qualifications of the Membership Committee. (c) Student Members shall have all the rights and privileges of Regular Members, except that he or she may not vote, own stock, hold elective office, be a cabin holder, own a motorboat slip, own or be part owner of a private dock, or own a mooring. 6

10 CONSTITUTION (d) The term of Student Members shall not exceed twelve months. The Board of Governors, upon application by the Student Member, on the anniversary date of initial acceptance, may extend the term by up to twelve months, the maximum number of extensions to be four. The minimum term for a Student membership is one year. (e) Student Members shall pay dues as provided in the By-Laws, but shall not pay an initiation fee. SECTION 7. TEMPORARY MEMBERSHIPS shall be available to individuals in accordance with the following: (a) A Temporary Member must be a Member in good standing of a recognized Yacht Club. (b) Temporary Members must pass all the qualifications of the Membership Committee. (c) Temporary Members shall have all the rights and privileges of Regular Members, except that he or she may not vote, own stock, hold elective office, be a cabin holder, own a motorboat slip, own or be part owner of a private dock, or own a mooring. (d) The term of Temporary Members shall not exceed twelve months. The Board of Governors, upon application by the Temporary on the anniversary date of initial acceptance, may extend the term by up to twelve months, the maximum number of extensions to be two. The minimum term for a Temporary membership is one quarter. (e) Temporary Members shall pay dues as provided in the By-Laws, but shall not pay an initiation fee. SECTION 8. HONORARY LIFE MEMBERSHIP may be conferred on persons who have made extraordinary contributions to the well being of the Club. An Honorary Life Member need not pay any initiation fee or dues and need not own stock in the corporation, although ownership of stock shall not disqualify a person for Honorary Life Membership. An Honorary Life Member shall enjoy all rights and privileges of the Club, except that he or she may not hold elective office or vote, unless the Member holds stock. Only the Board of Governors, upon the recommendation of the Membership Committee, may grant honorary Life Membership. SECTION 9. HONORARY MEMBERSHIPS may be conferred on non-members who have made unusual contributions to the well being of the Club. Honorary Membership shall be granted on a year-to-year basis at the discretion of the Board of Governors, with the approval of the Membership Committee. No financial consideration will attach to Honorary Membership and Honorary Members shall enjoy all privileges of the Club, except that they shall not vote, hold office, or berth a boat on Club premises. 7

11 CONSTITUTION SECTION 10. The initiation fee shall be fixed by the By-Laws and must be paid in full before a person can be a Regular Member. SECTION 11. Dues shall be fixed by the provisions of the By-Laws. SECTION 12. TERMINATION OF MEMBERSHIP. Membership in this Club shall be terminated: First by voluntary resignation, provided such resignation be tendered in writing addressed to the Commodore or Secretary, to be acted upon by the Board of Governors; and no such resignation shall be accepted unless the resigning Member shall be at the time in good standing, and shall have liquidated all indebtedness to the Club, including dues for the current month in which the resignation is tendered. Second, by action of the Board of Governors for non-payment of any indebtedness beyond the period provided by the By-Laws or Rules. Third, by the attainment of maximum age in those membership classifications for which a maximum age is set. Fourth, expulsion for cause. Fifth, by death of Member. SECTION 13. RIGHTS OF MEMBERS. No Member per se shall have or claim any right or title to or interest in any of the property or assets of the Club, and no Stockholder who has not been regularly elected a Member of the Club and is not otherwise in good standing as a Member, shall have any right in any wise or manner to avail himself or herself of any privilege of the Club, save and except in the right to vote at the stockholder meetings. Each Member in good standing shall be entitled to be assigned one boat parking space for a seaworthy boat. Members owning private boat slips or docks adjoining Club premises may be charged an annual service fee per slip or per dock, however amounts charged to owners of boat slips or docks shall not exceed the lowest amount charged for on-shore boat parking. The Boat and Trailer Parking Committee shall administer boat parking as directed by the Board of Governors. SECTION 14. Members shall park or berth only seaworthy vessels and/or safe, operable trailers on Club premises. If any unseaworthy vessel or any unsafe or inoperable trailer is left on Club premises, the Club shall have the authority, after sixty (60) days written notice to its owner that it should be removed, to have it removed from Club premises and stored or disposed of in whatever manner as deemed appropriate by the Club. All costs incurred by the Club in removing, storing or disposing of any such vessel or trailer will be charged to the Member owning it. SECTION 15. Whenever a membership is terminated for any reason, the Member in question shall remove from the Club premises all vessels, trailers, and other personal property owned by such Member within sixty (60) days after the effective date of termination of his or her membership. Written acceptance by the Club of a letter of resignation from a Member or written notification of termination of membership from the Club to a Member shall constitute written notification that such former Member must remove all of his or her vessels, trailers, and other personal property from Club premises within sixty (60) days after the effective date of the termination of his or her membership. If a former Member fails to remove all of his or her personal property from Club premises within such sixty (60) day period, then the Club may have it removed and stored or 8

12 CONSTITUTION disposed of in whatever manner is deemed appropriate by the Club. All costs incurred by the Club in removing, storing or disposing of such property will be charged to the former Member owning it. A cabin held by a terminating Member shall be transferred to another Member within three months of the effective date of termination. If appropriate, the Board of Governors may grant an additional grace period of three months upon receiving a written request from the terminating Member. If the termination is by death the estate is allowed six months and the additional grace period is six months. At the expiration of the allowed time or extension thereof, if the cabin has not been transferred, the Club will take possession of the cabin and find another Club Member to which it may be assigned. Any costs to the Club will be deducted from the proceeds from the transfer of the cabin after which the remainder of the proceeds will be forwarded to the terminating Member (or estate). If the condition of the cabin is such that it has no value, the Club after the expiration of the allowed time or extension thereof may have it razed or disposed of in any way as deemed appropriate at the sole discretion of the Board of Governors. Costs, if any, associated with the razing or disposal of a cabin may be deducted from the terminating Member s account prior to the refund of any money, which may be due the terminating Member. SECTION 16. A Member is fully responsible for the actions of his or her spouse, dependents, guest, or any other person on the Club premises under his or her sponsorship. ARTICLE V: OFFICERS AND BOARD OF GOVERNORS SECTION 1. The Officers of this Club shall consist of Commodore, Vice Commodore, Rear Commodore, Secretary and Treasurer. They shall rank in the order designated and must be voting Members of the Club. The Commodore, Vice Commodore and Rear Commodore are identified as the Flag Officers. SECTION 2. The Board of Governors shall consist of the five Officers, the immediate past Commodore, and ten additional members of the Board of Governors who shall be voting Members of the Club. The ten additional members of the Board of Governors shall be the Chairperson of the Membership Committee who shall be a past Commodore, and nine members-at-large. ARTICLE VI: ELECTION OF THE BOARD OF GOVERNORS SECTION 1. Board of Governors positions due for replacement shall be elected by a majority vote of the voting Members at the annual membership meeting, which is the first meeting in November of each year. SECTION 2. Each officer shall hold office for one calendar year effective the first of January following his or her election and until a successor is elected and qualified. A vacancy, even though temporarily filled by appointment by the Commodore, shall be filled by a general election at a membership meeting to be called not more than three months after the occurrence of the vacancy. Notice of such meeting, stating the purpose of the meeting, shall be sent to each voting Member at least ten days prior to the meeting. 9

13 CONSTITUTION SECTION 3. The Chairperson of the Membership Committee shall hold office for one calendar year effective the first of January following his or her election. SECTION 4. Three of the nine members-at-large of the Board of Governors shall be elected to the Board of Governors annually to hold office for three calendar years effective the first of January following his or her election. SECTION 5. Should a member of the Board of Governors be elected an officer, he or she shall relinquish the previous position on the Board of Governors and the vacancy being left shall be filled at the same membership meeting at which the member is elected an officer. The new Board of Governors member shall serve the entire unexpired term of the member being replaced. SECTION 6. Should one of the ten additional members of the Board of Governors resign or leave the Board of Governors for any reason during the year, the Commodore shall appoint a replacement to serve until the next annual membership meeting at which time a new member shall be elected to serve the entire unexpired term (if any) of the member leaving the Board of Governors. ARTICLE VII: DUTIES OF THE BOARD OF GOVERNORS SECTION 1. It shall be the duty of the Commodore to command the squadron, to preside at all Club meetings, to fill a vacancy in any office of the Club until an election can be held, to appoint all committees (except such as are otherwise provided for) and to enforce the laws and regulations. The Commodore shall be an ex-officio member of all committees. SECTION 2. It shall be the duty of the Vice Commodore to assist the Commodore in the discharge of his or her duties and, in the absence of the Commodore, to act as Commodore. SECTION 3. It shall be the duty of the Rear Commodore to assist the Commodore and Vice Commodore in the discharge of their duties, and in their absence, to act as Commodore. SECTION 4. In the absence of all Flag Officers, a senior Member as designated by the Commodore shall act as Commodore. SECTION 5. It shall be the duty of the Secretary to keep a correct roll of the Members and yachts of the Club; to keep full records of the proceedings of each meeting; to have the custody of all reports and documents connected with the business of the Club; to give all notices of meetings and, in case of special meetings, to designate the business intended; to notify Members of their election to office and their appointment to serve on committees; to notify each Member-elect of his or her election and furnish the new Member with a Year Book for the current year; to notify the Treasurer of the election of Members; to conduct the correspondence of the Club; and to prepare and have printed the Year Book. 10

14 CONSTITUTION SECTION 6. It shall be the duty of the Treasurer to have custody of the funds of the Club, to collect all the dues and pay all bills contracted by the Club, when approved by the Board of Governors. The Treasurer shall deposit all funds belonging to the Club in such bank or other depository as may be approved by the Board of Governors. The Treasurer shall be bonded in an amount to be determined by the Board of Governors, the premium of such bond to be paid by the Club. SECTION 7. The Board of Governors shall have general supervision of the affairs of the Club, shall have control and management of all Club property and funds, and shall prescribe Rules and Regulations for the Club. It shall also perform such duties as are hereinafter specified. A quorum of the Board of Governors for the transaction of business shall consist of eight members. SECTION 8. Any member of the Board of Governors who shall be absent from two consecutive meetings of the Board of Governors, unless he or she shall have previously obtained permission to do so from the Board of Governors or shall present at the next regular meeting an excuse for the absence satisfactory to the Board of Governors, shall be deemed to have resigned from office. ARTICLE VIII: MEMBERSHIP MEETINGS SECTION 1. There shall be an annual membership meeting held in November to elect Members of the Board of Governors as specified in Article VI and to hear reports of the activities of the Club. Other meetings shall be held at the discretion of the Commodore. SECTION 2. Special meetings shall be held as provided for in the By-Laws. SECTION 3. A quorum shall consist of twenty per cent of the voting Members, in person or by proxy, for the transaction of business at any membership meeting of the Club. ARTICLE IX: VOTING SECTION 1. All voting Members are eligible to vote at all elections and upon all questions except such matters as pertain peculiarly to boat owners, such matters being voted upon only by voting Members who are owners of boats enrolled in the Club. ARTICLE X: COMMITTEES SECTION 1. The House and Grounds Chairperson shall be nominated by the Commodore after consultation with the Rear Commodore and elected by the Board of Governors. At least one of the members of this Committee shall be from the Board of Governors. SECTION 2. The Entertainment Committee Chairperson shall be nominated by the Commodore and elected by the Board of Governors. 11

15 CONSTITUTION SECTION 3. The AYC Race Committee Chairperson shall be nominated by the Commodore after consultation with the Vice Commodore and elected by the Board of Governors. The Chairperson shall be experienced in sailing in fleet races on Allatoona Lake and shall be experienced in Race Management, preferably recognized as a US Sailing Club Race Officer or better. SECTION 4. The Docks and Moorings Chairperson shall be nominated by the Commodore and elected by the Board of Governors. At least one of the members of this Committee shall be from the Board of Governors. SECTION 5. The Steering Committee Chairperson shall be the Immediate Past Commodore and the committee shall consist of the immediate past four Commodores who are voting Members. SECTION 6. The Safety and Health Committee Chairperson shall be nominated by the Commodore and elected by the Board of Governors. SECTION 7. The Camping Area Committee Chairperson shall be nominated by the Commodore and elected by the Board of Governors. At least one of the members of this committee shall be from the Board of Governors. SECTION 8. The Nominating Committee Chairperson shall be a past Commodore appointed by the Commodore and the committee shall consist of the past Commodores who are voting Members. SECTION 9. The Regatta Committee Chairperson shall be nominated by the Commodore after consultation with the Vice Commodore and elected by the Board of Governors. SECTION 10. Special Committees: As the need for special committees, not mentioned before, shall arise, such committees shall be appointed by the Commodore and approved by the Board of Governors. ARTICLE XI: DEBT SECTION 1. No indebtedness shall be incurred on behalf of the Club unless an appropriation shall have been made therefore nor in excess of such appropriation except as approved by the Board of Governors. ARTICLE XII: DISCIPLINE SECTION 1. Any Member or Members having a complaint to make against any other Member or Members for an infraction of the laws of the Club, or for conduct prejudicial to the welfare of the Club, shall report the same in writing to the Board of Governors. SECTION 2. After receiving such complaint, which must set forth the facts of the case, together with the names of witnesses, a meeting of the Board of Governors shall be held 12

16 CONSTITUTION to investigate the same and of such meeting the party or parties charged with the offense shall receive at least five days notice and may be heard in their own defense. SECTION 3. For disorderly conduct at the Club or at Club functions and for violation of Club rules or regulations, a Member shall be subject to fine, suspension or expulsion by the Board of Governors, as the gravity of the offense may dictate. SECTION 4. Within 90 days from the date of expulsion, an expelled Member shall have the right to appeal for reinstatement to full membership. Such appeal shall be initiated by the filing of a petition signed by 20 Members in good standing and directed to the Commodore who shall within 30 days call a special meeting of the membership to vote on reinstatement. The expelled Member shall be reinstated upon a majority vote in person or by proxy of the Club membership. ARTICLE XIII: AMENDMENTS SECTION 1. This Constitution may be amended at any meeting of this Club by a twothirds vote of the voting Members present in person or by proxy, provided notice of such amendment be sent to voting Members of the Club at least ten days prior to the date of such meeting. Such amendment shall not be valid, however, unless passed by two-thirds vote of the voting Members present in person or by proxy at a subsequent meeting held within a period of not more than sixty days nor less than ten days after the first passage. ARTICLE XIV: BY-LAWS SECTION 1. The Club may adopt By-Laws for executing the provision of this Constitution and regulating its proceedings. ARTICLE XV: EQUALITY POLICY SECTION 1. In administering and applying the Club's requirements and qualifications for membership, the Club (and its Board of Governors, membership committee, officers, and other representatives) shall not discriminate against any Member, or any person applying for membership, on the basis of age, race, creed, religion, sex, color, national origin, veteran status, actual or perceived disability of such person or of any relative of such person, or any other legally protected status. SECTION 2. In administering and applying the provisions of the Club's Constitution, its By-Laws, and its Rules and Regulations, the Club (and its Board of Governors, rules or other committees, officers, and other representatives) shall not discriminate against any Member, against any relative, guest or invitee of any Member, or against any guest or invitee of the Club on the basis of age, race, creed, religion, sex, color, national origin, veteran status, actual or perceived disability of such person, or any other legally protected status. 13

17 CONSTITUTION SECTION 3. The Club is an Equal Opportunity Employer. In establishing and applying the Club's employment policies and practices, the Club (and its Board of Governors, officers, and employees) shall not discriminate against any employee or job applicant on the basis of age, race, creed, religion, sex, color, national origin, veteran status, actual or perceived disability of such person or of any relative of such person, or any other legally protected status. SECTION 4. All pronouns, adjectives, and other words indicating gender that are used in the Club's Constitution, By-Laws, and/or Rules and Regulations are to be construed as including all genders. 14

18 II. BY-LAWS ARTICLE I: INITIATION FEES AND DUES SECTION 1. The initiation fee of this Club shall be $ in addition to the purchase of one share of stock, as provided in the Constitution. An Associate Member shall pay an initiation fee of 20% of the initiation fee required of applicants for Regular Membership at the time of application rounded up to the nearest whole dollar. Former Regular Members who resign in good standing may be readmitted for regular membership one time without an initiation fee but must repurchase one share of stock. SECTION 2. The dues of this Club for Regular Members shall be $300 per quarter effective January 1, Effective January 1, 2015, the dues shall be $325 per quarter, January 1, 2016 the dues shall be $350 per quarter. Dues for Associate Members shall be 60% rounded up to the nearest whole dollar of the current dues for Regular Members. Dues for Absentee status shall be 33.3% rounded up to the nearest whole dollar of the current dues for Regular Members. Dues for Temporary Members shall be 60% rounded up to the nearest whole dollar of the current dues for Regular Members. Dues for Student Members shall be 40% rounded up to the nearest whole dollar of the dues for Regular Members. YEAR MEMBER CLASS DUES Regular Annual $1,200 $1,300 $1,400 Quarterly $ 300 $ 325 $ 350 Associate & Temporary Annual $ 720 $ 780 $ 840 Quarterly $ 180 $ 195 $ 210 Absentee Annual $ 400 $ 433 $ 467 Quarterly $ 100 $ 109 $ 117 Student Annual $ 480 $ 520 $ 560 Quarterly $ 120 $ 130 $ 140 SECTION 3. The duly elected Secretary and Treasurer shall be exempt from payment of dues during their actual term of office, but they shall have all privileges of a Member paying dues. SECTION 4. A newly elected Member shall be given notice of such election and shall pay dues as required within thirty days of notice of election. If said dues are not paid within thirty days, the Treasurer shall notify the Secretary of the fact and such election shall be null and void. 15

19 BY-LAWS SECTION 5. A new Member shall pay a pro rata portion of the dues for the quarter in which elected, figured from the first of the month nearest the notification of election. SECTION 6. A Member failing to pay dues or assessments within thirty days of the due date shall be subject to a fine of ten per cent of the amount owing. After sixty days delinquency, the fine shall be twenty per cent of the original amount owing. A Member as much as sixty days in arrears shall also have his or her name posted on the Club bulletin board; and shall forfeit the right to vote and to participate in Club activities. Furthermore, if the debt is not paid on or before the expiration of ninety days beyond the due date, the delinquent Member shall cease to be a Member of the club. SECTION 7. A Clubhouse Renovation Project capital assessment, not to exceed $2,900 per member, shall be assessed to Regular Members of the AYC. The use of capital assessment funds collected are restricted to the 2011 Clubhouse Renovation Project. (a) Regular Members have four options for paying this capital assessment. Prior to January 1, 2012, each Member subject to the assessment will select their preferred payment option. Members may change their payment option at any time during the assessment period, including early payment without penalty. 1. Lump Sum Payment Members can elect to pay their entire share of the capital assessment in one single payment with the January 2012 quarterly billing. Members who selected other payment options but choose to change to a lump sum payment may do so at anytime without penalty. 2. Payment over 20 Quarters Members can elect to pay their share of the capital assessment in 20 equal payments beginning January 1, Members selecting this payment option will be subject to a 6% interest rate. 3. Payment over 40 Quarters Members can elect to pay their share of the capital assessment in 40 equal payments beginning January 1, Members selecting this payment option will be subject to a 6.5% interest rate. 4. Payment over 80 Quarters Available only to Members who have achieved fifty years of continuous membership at AYC. Members can elect to pay their share of the capital assessment in 80 equal payments beginning January 1, Members selecting this payment option will be subject to a 7% interest rate. (b) Upon approval for membership, all new Regular Members who join between January 1, 2012 and December 31, 2021 will be assessed a pro rata portion of the capital assessment beginning for the quarter in which elected and 16

20 BY-LAWS ending with the fourth quarter of New Regular Members can select one of the approved payment options, but must have paid all capital assessment charges no later than December 31, New members approved for membership after December 31, 2021 will not be subject to this capital assessment. (c) Regular Members with Absentee Status, Honorary Life Members, Honorary Members, Associate Members and Student Members will not be subject to this capital assessment. (d) A member with Absentee Status reestablishing residence within the 200-mile limit will become subject to the capital assessment on pro rata portion of the capital assessment beginning for the quarter in which they reestablish residence and ending with the fourth quarter of Members with Absentee Status who reestablish residence within the 200-mile limit after December 31, 2021 will not be subject to this capital assessment. (e) Associate, Student and Honorary Members who change their Membership Status to a Regular Member between January 1, 2012 and December 31, 2021 will be assessed a pro rata portion of the capital assessment beginning for the quarter in which their status changes to Regular Member and ending with the fourth quarter of New Regular Members can select one of the approved payment options, but must have paid all capital assessment charges no later than December 31, New Regular Members approved for membership after December 31, 2021 will not be subject to this capital assessment. (f) Section 7, paragraphs (a) through (f), of the AYC By-Laws will be eliminated on January 1, 2022 without any further action or vote from the AYC Membership. ARTICLE II: MEMBERSHIP MEETINGS SECTION 1. Constitution. Regular membership meetings shall be held as required by the SECTION 2. The date, place, and time of these meetings shall be kept posted by the Secretary on the Club bulletin board. SECTION 3. Special meetings shall be called by the Commodore on the written request of twenty Members, and the Commodore may call them at his or her discretion. SECTION 4. Notices shall be sent to every Member of all meetings at least ten days prior thereto. Notice of special meetings shall state the purpose for which they are called. SECTION 5. Proxy forms shall be distributed to all voting Members with the meeting notice for any meeting at which any change in the Constitution and/or By-Laws is to be 17

21 BY-LAWS voted on or at which there is to be an election for any Member(s) of the Board of Governors. ARTICLE III: MEETINGS OF THE BOARD OF GOVERNORS SECTION 1 Order of Business: 1. Reading of Minutes 2. Reports of Officers 3. Reports of Committees 4. Unfinished Business 5. General Business In case of dispute as to order and debate, Robert s Manual of Parliamentary Rules shall govern. SECTION 2. At the first Board of Governors meeting after the first of January of each year, the first order of business shall be that the out-going Secretary turns over to the incoming Secretary all important reports and documents connected with the Club. The incoming Secretary shall sign a receipt for these reports and documents, this receipt to become part of the minutes of said meeting. ARTICLE IV: PROCEDURE for ADMISSION OF MEMBERS SECTION 1. A proposal-for-membership form shall be filled out by the sponsor and co-sponsor who shall be voting Members and shall then be given to the Chairperson of the Membership Committee for consideration at the next meeting of the Membership Committee. The names of applicants shall be published to the membership prior to their applications being approved by the Membership Committee and their applications processed by the Membership Committee as prescribed by the Board of Governors. Although no Member has the right to blackball an applicant, comments from Members relative to applicants are invited. Adverse comments relative to an applicant, in writing and signed by a voting Member, will be thoroughly investigated with due consideration being given to all factors before a decision is made. SECTION 2. Upon election of an applicant, the Secretary shall notify the new Member and the sponsor of the election in writing and shall furnish the new Member with copies of the Club's Constitution, By-Laws and all the rules and regulations. ARTICLE V: AMENDMENTS SECTION 1. These By-Laws may be amended at any meeting of this Club by a twothirds vote of the voting Members present in person or by proxy, provided notice of such amendment be sent to voting Members of the Club at least ten days prior to the date of such meeting. Such amendment shall not be valid, however, unless passed by a twothirds vote of the voting Members present in person or by proxy at a subsequent meeting 18

22 BY-LAWS held within a period of not more than sixty days nor less than ten days after the first passage. SECTION 2. There shall be no suspension of these By-Laws. 19

23 III. RULES AND REGULATIONS A. CLUB FACILITIES 1. Definitions (a) Club Facilities shall be defined as designated areas of the clubhouse, the viewing pavilion, and the BBQ pavilion. Designated areas of the clubhouse include the ballroom, the dining room, the kitchen, the upper lounge, the meeting room, the lower level lounge, and the upper and lower washrooms. (b) Club Grounds shall be defined as other areas of the club not specifically stated under Club Facilities including the Cabin Colony 2. The upstairs lounge is restricted to persons 18 years of age or older unless accompanied by a parent. 3. There shall be no overnight sleeping in the clubhouse. 4. Since the Club has no housekeeping staff, all members are expected to do their part in keeping the premises neat and tidy. Any individual, group, fleet or organization sponsoring any meeting or part of a party in the clubhouse shall be responsible for cleaning the premises afterward. The Rear Commodore and/or Chairperson of the House and Grounds Committee, or their designee, shall inspect the premises following each usage and a cleanup fee may be assessed to the sponsoring member, group and/or organization. Diners in the clubhouse or surrounding areas are required to dispose of their own dishes and clean their own tables. 5. Junior activities using designated areas of the Club Facilities shall also be sponsored by a Member. One adult per 10 juniors participating in the activity, with a minimum of two adults, shall be present for the duration of the activity. An adult is considered anyone 21 years of age or older. 6. All forms of smoking and use of tobacco products are prohibited within the confines of the clubhouse. 7. Reservation and use of club facilities: (a) (b) Any exception to the following rules must be approved by the Board of Governors. Scheduling i. From Friday at 5 p.m. until Sunday at 5 p.m. Club and Fleet activities shall have preference for the Club Facilities. The use of any Club Facilities may only be reserved by the Club, Fleets or Members respectively. 20

24 ii. Requests for reservations for Club or Fleet events for the following calendar year shall be submitted to the Chairman of House and Grounds no later than December 1st of the current year. The Rear Commodore will be responsible for preparing the Facilities Calendar for the following year and the year following that based on historical dates subject to review and/or revision on or before the December 1st deadline in the calendar year preceding the event. Thus, giving a 2 year rolling calendar. iii. The Facilities Calendar will be reviewed and/or approved at the January Board of Governors meetings based on the priority of Club, Fleets or Members events respectively. iv. After approval of the year s calendar additional reservations of Club Facilities shall be on a first-requested basis and shall require that the Member responsible for the group request a reservation of a specific designated area by submitting a reservation form to the Chairperson of House and Grounds Committee or their designee within one year of the scheduled use. Members or Fleets may not reserve exclusive use of the kitchen unless first approved by the Chairman of House and Grounds. (c) All AYC affiliated activities sponsored by individual Members involving more than ten guests (including children of guests) that use Club Facilities shall submit a reservation form, shall not conflict with any scheduled Club or Fleet activity, shall be communicated to the membership via official club communication, shall be scheduled within one year of the scheduled use, and shall be approved by the Chairperson of House and Grounds. (d) All activities sponsored by individual Members involving more than twenty guests (including children of guests) that use areas of the Club Grounds shall not conflict with any scheduled Club or Fleet activity and shall be approved by the Chairperson of House and Grounds. (e) The upstairs and lower level washrooms and the outside areas immediately adjacent to the clubhouse shall be considered common areas and may not be reserved. The lower level lounge may only be reserved for sailing instruction activities. (f) A Member may reserve designated areas of Club Facilities for non-ayc affiliated activities provided that time or date is open on the approved Facilities Calendar as set forth below: i. Reservation shall be subject to the terms, conditions, fees and deposit requirements of the Atlanta Yacht Club Facilities Reservation Agreement. ii. The Atlanta Yacht Club Facilities Reservation Agreement shall be signed by the Member and returned to the Chairperson of the House and Grounds Committee, or their designee within one year of the scheduled use for approval. 21