GUIDANCE NOTES ON STARTING A BERTH HOLDERS or MOORING HOLDERS ASSOCIATION

1 GUIDANCE NOTES ON STARTING A BERTH HOLDERS or MOORING HOLDERS ASSOCIATION CONTENTS 1. What to do first 2. Getting started - sample documentation: - A set of rules for an Association - Notice of meeting and agenda for the first meeting - Information and committee election form - Association membership form 3. What berth holder and mooring Associations and Clubs achieve 4. The RYA's role with Associations 5. The RYA Berth Holders Charter 6. The RYA and Affiliation 7. Applying for affiliation to the RYA - Application form - Contacts form - Remittance form - RYA website form

2 GUIDANCE NOTES STARTING A BERTH HOLDERS ASSOCIATION WHAT TO DO FIRST? Before going any further you will need to establish from other boat owners just what support there is to form a BHA. A good way to do this is to gather together a small working group (Steering Committee) to help establish the views of other boat owners. If there is enough indication that a BHA would be helpful then the next step might be to call a meeting of boat owners to form the BHA and determine what the collective issues are that need to be progressed. Before doing so, try to establish who might be prepared to do the future work! The BHA will need Officers (see Specimen Set of Rules attached) and someone to take on other areas such as the newsletter. This may appear difficult at this stage but we have found that when BHAs have a genuine following volunteers make themselves known, even if sometimes they have to be gently persuaded!! In the interests of good future communications we would recommend that, at this stage, your Marina or Mooring operator should be advised that there is support for forming a BHA. Increasingly we find that good working relationships are more easily established if operators are brought into the picture as soon as possible. This can lead to helpful co-operating, such as the circulation of information to boat owners. This first meeting is important in establishing both the future structure and tone of the BHA. Some BHAs have found it useful to include an RYA presence at the first meeting and as you will see from the attached sample Agenda I am available to assist here if required (but it s not compulsory!!). At the end of this meeting don't forget to sign every body up as a member! The following recommended start up documentation has been put together to help your Steering Committee guide the BHA through this first meeting. From this point onwards, the RYA will take a continuing and supportive interest in your activities and will ask you to apply for affiliation which will provide your group with added benefits as described later. Please contact the RYA Legal Department for further information. Tel: 02380 604225 Email: legal@rya.org.uk

3 A SPECIMEN SET OF RULES FOR A MARINA, MOORING AREA, BERTH HOLDERS ASSOCIATION Although it is impractical to draft a set of general rules which will apply to every BHA, these sample rules go a long way to guiding those who are preparing to put a new constitution to a Berth Holders Association. It is not necessary to adopt these rules to the letter. Providing the spirit and democratic nature of the rules are maintained they can be altered to suite your Association s size and activities. The model rules are divided into the following sections: Name and Objectives Officers Membership Management Committee Meetings of the BHA Dissolution of the BHA 1. When amending any rule to suit a particular BHA s purpose, care should be taken that such amendment does not vary the meaning or intent of any other rule. 2. The headings are provided for convenience and do not affect the meaning of any clause.

4 NAME AND OBJECTIVES 1. The NAME of the Association shall be "The ( ) Berth Holders Association (Hereinafter referred to in these rules as "the BHA ) 2. The OBJECTIVES for which the BHA is formed are to: a) represent the interest of members jointly or individually as berth holders mooring holders at...marina/mooring area. b) maintain contact with and support the Royal Yachting Association's National Moorings and Marinas Panel and other associations with similar objectives. c) to keep berth or mooring holders informed on any matters relating to their interests within the ( ) marina or ( ) mooring area. d) to promote such services and facilities for members as may from time to time be determined. OFFICERS 3. OFFICERS OF THE BHA The officers of the BHA shall be full members of the BHA and shall ideally consist of a chairman, vice chairman, secretary and treasurer. Officers shall be elected at the annual general meeting in each year and shall hold office for one year, retiring at the annual general meeting in each year. All officers of the BHA shall be eligible for reelection. 4. DUTIES OF THE SECRETARY The secretary shall: a) keep a register of BHA members' names and addresses. b) conduct the correspondence of the BHA c) keep custody of all BHA documents. d) keep full minutes of all meetings of the BHA, the committee and any sub-committees, which shall be confirmed and signed by the appropriate chairman at the next following meeting of the association, the committee or any sub-committees. e) administer such insurance policy or policies as may be needed fully to protect the interests of the association, its officers and its members. 5. DUTIES OF THE TREASURER

5 The treasurer shall: a) cause such books of account to be kept as are necessary to give a true and fair view of the state of the finances of the BHA. b) cause all returns as may be required by law in relation to such accounts to be rendered at the due time. c) prepare an annual balance sheet each year and cause such balance sheet, and accounts to be circulated to the members at least fourteen days before the date of the annual general meeting. MEMBERSHIP 6. There shall be the following categories of membership with power to vote at all meetings of the BHA as indicated. A FULL MEMBER - Being a person who, at the date of election, is the owner or licensee of a berth or mooring at ( ) marina/mooring area. A JOINT MEMBER - Which expression shall include two or more persons being joint owners or licensees of a berth/mooring at ( ) marina/mooring area. The joint unit shall have one vote. An HONORARY MEMBER - Who shall be nominated and elected in the manner described in Rule 30, who shall have no vote. An ASSOCIATE MEMBER - Being a person who supports the objectives of the BHA, who shall have no vote. 7. MEMBERSHIP SUBSCRIPTION FEE The rate of subscription fee for each category of membership shall be proposed by the committee to the members at the annual general meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following. 8. MEMBERS' DUTY TO PROVIDE AN UP TO DATE ADDRESS. Every member shall furnish the Secretary with an up to date address which shall be recorded in the register of members and any notice sent to such address shall be deemed to have been duly delivered. 9. APPLICATION An application for membership shall be in the form from time to time prescribed by the committee and shall include the name, address and occupation of the candidate. 10. PAYMENT OF FEES UPON ELECTION

6 Upon election by the committee a candidate shall pay within one calendar month such membership fee as shall be requested. In default of such payment the election shall be void unless sufficient cause for delay be shown. 11. ARREARS OF SUBSCRIPTION The committee may cancel, without notice given, the membership of any member whose annual subscription and other annual fees are more than three months in arrears provided that the committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payments are in arrears may vote at any meeting. 12. EXPULSION OF MEMBERS Any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the association, shall render that member liable to expulsion by the committee. PROVIDED THAT, before expelling a member, the committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the committee, or of resigning. A resolution to expel a member shall be carried by a simple majority vote by those members of the management committee present and voting on the resolution. 13. DATA PROTECTION ACT Membership of the BHA and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984. MANAGEMENT COMMITTEE CONSTITUTION AND PROCEDURES 14. CONSTITUTION OF COMMITTEE The management committee (herein referred to as 'the Committee') shall consist of the officers, ex officio, and not less than two full or joint members of the BHA elected at the annual general meeting each year to hold office until the next annual general meeting. 15. RETIREMENT OF MEMBERS OF THE COMMITTEE At the annual general meeting each year two of the full and joint members of the committee shall retire in order of election or seniority. In the case of equal seniority the order of retirement shall, failing agreement between the members concerned, be determined by lot. Members retiring under this rule shall not be eligible for re-election to the committee until the annual general meeting next following the meeting at which they retire. 16. CANDIDATES FOR ELECTION TO THE COMMITTEE Candidates for election to the committee (not being officers of the BHA) shall be those members of the retiring committee eligible to offer themselves for re-election

7 and such other full or joint members whose nominations (duly proposed and seconded in writing by full or joint members of the Club) with their consent shall have been received by the secretary at least twenty eight days before the date of the annual general meeting in each year. Such nominations, together with the names of the proposer and seconder shall be notified to the members at least fourteen days prior to the date of the annual general meeting. 17. ELECTION OF COMMITTEE BY BALLOT If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot. 18. NO CONTEST FOR ELECTION If the number of candidates for election is equal or less than the number of vacancies to be fill then all candidates shall be deemed to be elected if two thirds of those present at the annual general meeting, and entitled to vote, vote in favour of such election. 19. EQUALITY OF VOTES In the event of the ballot failing to determine the members of the committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot. 20. CASUAL VACANCY If, for any reason, a casual vacancy shall occur, the committee may co-opt a full or joint member to fill such vacancy until the next following annual general meeting. 21. RETIRING CHAIRMAN EX OFFICIO A retiring chairman may serve as an ex officio member of the committee in the year immediately following his retirement. 22. COMMITTEE MEETINGS The committee shall try to meet at least every three months making such arrangement as to the conduct, place of assembly and holding of such meetings as it may wish. The chairman or, in his absence, a chairman elected by those present shall preside. 23. VOTING AT COMMITTEE Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of equality of votes the chairman shall have a second and casting vote. 24. QUORUM Four members personally present shall form a quorum at a meeting of the committee. POWERS OF THE COMMITTEE 25. MANAGEMENT OF THE ASSOCIATION BY COMMITTEE

8 The committee shall manage the affairs of the association according to the rules and shall cause the funds of the association to be applied solely to the objects of the association or for a benevolent or charitable purpose nominated by general meeting. 26. APPOINTMENT OF SUB-COMMITTEES The committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the committee or of the BHA as the committee think fit. Officers of the association shall be ex officio members of all such sub-committees. 27. DISCLOSURE OF INTEREST TO THIRD PARTIES A member of the committee, of a sub-committee or any officer of the BHA, in transacting business for the association shall disclose to third parties that he is so acting. 28. LIMITATION OF MEMBER'S LIABILITY The committee or any person or sub-committee delegated by the committee to act as agent for the BHA or its members, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership. 29. MEMBERS' INDEMNIFICATION OF COMMITTEE In pursuance of the authority vested in the committee by members of the BHA, members of the committee are entitled to be indemnified by the members of the association against any liabilities properly incurred by them or any one of them on behalf of the association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the association. The limit of an individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate for that category of membership unless the committee has been authorised to exceed such limit by a general meeting of the association. 30. NOMINATION OF HONORARY MEMBERS BY COMMITTEE The committee may nominate for election at an annual general meeting such honorary members as the committee may think fit. The election of honorary members shall be put to the vote at the annual general meeting each year and such honorary members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election. MEETINGS OF THE BERTH HOLDERS ASSOCIATION 31. ANNUAL GENERAL MEETING An annual general meeting of the BHA shall be held each year in the month and on a date to be fixed by the committee. The secretary shall, at least fourteen day before the date of such meeting or of any general meeting as hereinafter mentioned, post or deliver to each member notice thereof and of the business to be brought forward thereat.

9 32. BUSINESS AT ANNUAL GENERAL MEETING No business, except the passing of the accounts and election of the officers, committee, and any business that the committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the secretary at lease forty two days before the date of the annual general meeting. 33. SPECIAL GENERAL MEETING The committee may at any time, upon giving twenty one days notice in writing, call a general meeting of the BHA for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members. 34. GENERAL MEETING UPON REQUEST OF MEMBERS The committee shall similarly call a general meeting upon a written request addressed to the secretary by at least twenty members. The discussion at such meeting shall be confined to the business stated in the notice sent to members. 35. CHAIRMAN AT MEETINGS At every meeting of the BHA the chairman or, in his absence, a chairman elected by those present, shall preside. 36. QUORUM.. members entitled to vote and personally present shall form a quorum at any meeting of the association 37. ENTITLEMENT TO VOTE AT MEETINGS Only full and joint members shall vote at any meeting of the BHA. Other members may attend but are not entitled to vote. 38. VOTING AT MEETINGS Voting, except upon the election of members of the committee, shall be by show of hands. 39. EQUALITY OF VOTES In the case of an equality of votes the chairman shall have a second or casting vote on any matter other than the election of members of the committee. 40. VOTING ON RULE CHANGES On any resolution properly put to a meeting of the BHA relating to the creation, repeal or amendment of any rule of the BHA such rule shall not be created, repealed or amended except by a majority not of at least two thirds of those present and entitled to vote. DISSOLUTION OF THE BERTH HOLDERS ASSOCIATION 41. If, upon the winding up or dissolution of the BHA, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the BHA but shall be given or

10 transferred to some other institution or institutions having objectives similar to the objectives of the BHA, such institution or institutions to be determined by the members of the BHA by resolution passed at a general meeting at or before the time of the dissolution and is and so far as, effect cannot be given to such provision then to the Royal National Lifeboat Institution.

11 NOTICE OF MEETING MEMBERS OF THE NEWLY FORMED STEERING COMMITTEE OF THE... BERTH HOLDERS ASSOCIATION INVITE YOU TO ATTEND THE INAUGURAL MEETING OF THE ASSOCIATION WHICH WILL TAKE PLACE AT:... on...2010 AGENDA at...hours (1) Attendance by the RYA Berth Holders Association Co-ordinator who has agreed to: (No, you don t have to have me there!) * Report on the activities of the many Berth Holder Associations formed throughout the UK * Assist our meeting with the process of forming the Association and the election of Officers (2) The Steering Committee will recommend the adoption of a Constitution prepared from guidelines provided by the RYA (3) Election of Officers of the... Association (4) To propose members initial annual subscription fee (5) Local issues - An opportunity for those attending to discuss issues and ideas for the Association to progress (6) Any other business (7) Date, time and venue of the next meeting NOTE: 1. To help in the formation of this Berth Holder Association please complete and return the attached information form to the address given 2. At the conclusion of the meeting you will be given an opportunity to join our newly formed Association

12 INFORMATION AND COMMITTEE ELECTION FORM Please complete the appropriate sections on this form:- Name... Boat name... Address... Berth/mooring No....... Phone number......... Post Code... 1. I am interested in joining the Berth Holders Association YES/NO 2. I hope to attend the inaugural meeting YES/NO 3. I agree to stand for election as one of the following Officers of the Association: POSITION PROPOSER SECONDER CHAIRMAN... VICE CHAIRMAN... SECRETARY... TREASURER... COMMITTEE MEMBER... If you have any item you would like the Association s Committee to discuss or progress please briefly outline below:-...... Please return this form to the Secretary of the Association s Steering Committee as soon as you can prior to the inaugural meeting but no later than... Please return to:-......... Post Code... Telephone number... All information will be held in confidence and in accordance with the Data Protection Act

13 MEMBERSHIP APPLICATION FORM.. Berth Holder Association Following the formation of the Association at the recent inaugural meeting, I now wish to become a member at the agreed annual subscription of... MY DETAILS: NAME... ADDRESS............ POST CODE... TELEPHONE NUMBER - Daytime... - Home... - email address... MY BOAT DETAILS: NAME... BERTH /MOORING NO.... I enclose Cash/Cheque for... made out to:- " The... Berth Holders Association" HELPING THE ASSOCIATION: Please indicate which of the following activities you could help with: (1) Being a Committee member (2) Producing the Association s newsletter (3) Additional secretarial help, word processing, recording membership details (4) Being part of a working group to organise social events etc

14 WHAT BERTH HOLDER ASSOCIATIONS ACHIEVE Over the last few years, many Berth Holder Association (BHA) representatives, who attend the RYA National Moorings and Marinas Panel, report that relationships with their marina or mooring operators have steadily improved and as a result members ideas and suggestions are increasingly well received. This current environment of general improvement has taken time to develop and the groups who achieve most are those who set out to seek a "Win Win" in meetings with their Marina or Mooring operators. We would all like to see improvements to facilities where we keep our boat, but it is important to remember that these may cost money which, if vigorously pressed, will inevitably be reflected in fee increases. Associations who achieve most for their members are those who provide operators with suggestions and ideas for improving value for money from the facilities and services that already exist. Some examples reported by BHAs include:- Improved marina security by the introduction of Association "Pontoon Watch" schemes The removal of restrictive trading by marina based companies Better use of marina facilities, e.g., flexible lock opening times and group boat hoists Marina operators co-operation with Association mailings and communications Local supplier discounts for Association members Representing members views to local authorities Organising cruising and social events Organising lectures and demonstrations Advising operators on facility improvement priorities Encouraging loyalty discounts Suggestions for improving Health, Safety and the Environment Encouraging the Marina to adopt the RYA Berth Holders Charter standards Developing a system to monitor and act on boat owners suggestions and complaints Maintaining discussions on how to increase value for money for berthing and facilities

15 THE RYA's ROLE WITH BERTH HOLDER ASSOCIATIONS In conjunction with the RYA National Moorings and Marinas Panel, the RYA is committed to help establish and develop affiliated berth holder and mooring Associations throughout the UK so as to:- - Provide UK boat owners with a platform to express collective views on matters affecting berthing or mooring conditions and facilities - Where appropriate, help improve the communication and relationship between boat owners and marina/mooring operators To support and promote the aims of these Associations by:- - Actively encouraging all UK marinas and mooring areas to fully adopt the spirit and standards contained in the RYA Berth Holders Charter - Promoting those marinas and moorings which consistently deliver service and value to the Charter standards - Monitoring and making available information on the provision and pricing of relevant facilities in order to encourage transparency in pricing and value for money - Providing support and help where necessary in contractual negotiations for the use of facilities - Providing opportunities for Association representatives to exchange and develop collective views through group or area meetings - Publicising their progress through RYA and other publications

16 THE RYA BERTH HOLDERS CHARTER This Charter asks marinas to provide: 1. Value for money - Facilities and services commensurate with fees - A written management policy on customer satisfaction 2. Security - Protection from thieves - Prevention of improper access - Emergency help always readily available 3. Facilities - Suitable for the purpose and competently staffed - Adequate in number and readily available 4. Maintenance - Facilities maintained in good working order, safe and clean 5. Suggestions and complaints - A readily available procedure for receiving both suggestions and complaints - A prompt effective response and feedback of results 6. Staff - Available, competent and helpful with authority to act quickly 7. Peaceful enjoyment - Freedom from noisy and disorderly elements, harassment and nuisances 8. Communication - Advance information on changes to facilities, conditions, charges, services etc. 9. Safety - Effective action for the safety of persons and property - Implementation of the requirements of Health and Safety legislation The purpose of this Charter, which has been developed by the RYA's National Moorings and Marinas Panel, is to encourage good standards of customer service and value in all marinas throughout the UK. Standards compare favourably with those of even a few years ago and many marinas already meet these requirements. To encourage all marinas, irrespective of size or facilities, we plan to feature, in future editions of the RYA Magazine, those marinas, which, in the opinion of their berth holders consistently deliver service and value to these agreed standards.

17 THE RYA AND AFFILIATION Mooring and Marina Associations are entitled to affiliate. To be eligible an association must: 1. Be a bona fide berth holder association operated for the benefit of its members 2. Be managed by a committee consisting entirely of members elected by the members of the Association 3. Provide on application the written constitution of the Association which must contain no provisions inconsistent with the constitution of the RYA Benefits available to affiliated organisations: RYA Co-ordinator Voting Publications RYA Magazine Catalogue Free advice Address List Subscription Access to the co-ordinator in forming and developing the association A representative of the organisation may vote at the RYA's AGM Special discounts on all publications in the RYA catalogue An affiliated organisation will receive a copy of each issue of the RYA Magazine RYA books and other publications may be selected from the RYA catalogue, one copy of which will be sent annually The full RYA range of advice and information available from our expert legal, technical, cruising, racing and training teams The name of the affiliated organisations, together with that of its contact name, will appear in annual RYA publications and on the RYA website Total membership fee - 100.00 per annum

18 APPLICATION FORM APPLICATION FOR AFFILIATION Name of Organisation:. Name of Commodore/Chairman Date of Formation: Number of members currently:... Is the Organisation: Club Class Association Association of People Association of Clubs Regatta Committee Moorings & Marina Berth Holder Association Water: Place: County: Do other affiliated clubs use the same water? If so, please name them: Are you affiliated to any local, regional, other associations or clubs? If so, please name them:. DECLARATION BY SECRETARY OR OTHER OFFICER (as appropriate) 1. Sailing races will be administered in accordance with the racing rules of the International Sailing Federation and Royal Yachting Association prescriptions thereto. 2. Power races will be administered in accordance with the racing rules of the Union Internationale Mononautique and the general competition rules of the Royal Yachting Association. Signature:.. Date:. I also enclose the following completed affiliation forms and documents:- THIS APPLICATION FORM CONTACTS FORM REMITTANCE FORM RYA WEBSITE FORM CHEQUE FOR 100 MADE PAYABLE TO THE RYA COPY OF OUR CONSTITUTION

19 CONTACTS FORM I would be grateful if you could complete this form in order to keep our records completely up to date. The details supplied by you will enable us to give out more information about your organisation when enquiries are made. Organisation Name:... Primary Contact (Secretary): Name: Address: Home no:. Day no: Mobile no: Fax no:... E-mail address:.. Financial Contact (Treasurer): - Clubs only Name: Address: Home no:. Day no: Mobile no: Fax no:... E-mail address:.. Organisation Website Address:.. Organisation interests (Clubs only) INTEREST TYPE YES NO Dinghy Racing Dinghy Cruising Yacht Racing Yacht Cruising Inland Waterways Motor Boating Sports Boat/RIBS Personal Watercraft Powerboat Racing

20 REMITTANCE FORM 2010 Affiliation Subscription:_ Berth Holder Associations, Class Associations, Associations of Clubs, Overseas Clubs Please complete the Remittance Form below. We are still asking you to tell us the size of your membership because this, added to the data we receive from other clubs and associations, helps to give us a true picture of the development of the sport and allows us to talk with greater authority when negotiating with various legislative bodies. Yours sincerely, Sarah Treseder Chief Executive REMITTANCE FORM AFFILIATION FEE FOR 2010 Name of Organisation: We are a:- Berth Holders Association/Class Association/Association of Clubs/Overseas Club (please indicate) Number of Members:...... The payment is 100. This figure includes VAT. I confirm the accuracy of the information stated above and enclose a remittance made payable to RYA for the sum of 100. I need/do not need a VAT Receipt. Signed.... Commodore/Chairman/Treasurer Please return to Brigette Galvin, Membership Manager, Royal Yachting Association.

21 RYA WEBSITE FORM As applicable, we currently publish the Primary Contact on the RYA web site along with any contact numbers and e-mail addresses provided on the Contacts Form and your Organisation will be listed under each Organisation Interest that you have marked as Yes on the Contacts form. If there are any contact details that you do not wish to be shown on the RYA web site, please mark them with a highlight pen and we will ensure they are not publicised on the web site. Once completed, please sign at the bottom of this letter and return with all your affiliation application forms to: Mrs Brigette Galvin Royal Yachting Association RYA House Ensign Way, Hamble, Southampton, SO31 4YA I understand that the information given for the Primary Contact will be published on the RYA web site, unless I have indicated otherwise. Signed. Date. Please Print Name.