Lakeview Heights
Community Association
Our
Constitution
Last updated on
July 28, 2005
CONSTITUTION Revised July 21, 2000
Article 1   The name of the association is
"Lakeview Heights Community Association"

 

Article 2   The purposes of the Association are:
  a) To promote the interests of the persons residing within the boundaries of the Association, as they pertain to the physical and social aspects of the community and where those interests represent the common good of the community.
  b) To represent the interests of the community in matters involving all levels of government and/or agents.
  c) To organize and promote activities for its members and other residents within the boundaries of the Association.
  d) To raise money required by the Association through membership fees, assessments, fund raising projects and lotteries, and through the receipt of donations, gifts, governmental and private grants.
  e) To purchase, maintain, improve, lease, manage and sell lands and buildings to meet the purposes of the Association.

 

Article 3   The proposed boundaries are as follows:
  a) Highway 97; excluding IR 10, IR 9 Indian Reserve; Okanagan Lake; East Boundary Road excluding Green Bay and Casa Loma. See attached schedule 'A'.
  b) The boundaries may only be changed by a majority vote on a Special Resolution at an Annual General meeting of the Association.
This provision is alterable.

 

By-Law 1   MEMBERSHIP
  a)

There shall be three classes of membership:

  1. Individual
  2. Business
  3. Honorary
  b) Active members are those persons whose applications for membership have been accepted by the Board of the Association.
  c)

Membership shall be open to :

  1. Those who reside and/or
  2. Own property and/or
  3. Businesses based within the boundaries of the Association.
 
  d)

Membership shall be limited to:

  1. two persons per dwelling
  2. one person per business
  e) Members must be in good standing in the Association (see By-Law 3 (i))
  f) Members must be 18 years of age or older.
  g) Every member shall uphold the Constitution and comply with these By-laws.
     
By-Law 2   HONORARY MEMBERSHIP
  a) Honorary members shall be those persons who have been elected as such at an Annual General Meeting of the Association in recognition of their valued service on behalf of the Association.
  b) Honorary members have no vote in the Association.
  c) Honorary members are not required to reside within the boundaries of the Association or own/rent property therein.
     
By-Law 3   A MEMBER SHALL CEASE TO BE A MEMBER OF THE ASSOCIATION
  a) By delivering his/her resignation in writing to the secretary, or by mailing or delivering it to the address of the Association.
  b) Upon his/her death.
  c) Upon being expelled.
  d) Upon having been a member not in good standing for twelve (12) consecutive months.
  e) If, upon applying for membership, dues are not paid within 90 days.
  f) A member may be expelled by a special resolution of the members passed at a general meeting.
  g) The notice of special resolution for expulsion shall be accompanied by a brief statement of the reason for the proposed expulsion.
  h) The person who is the subject of the proposed resolution for expulsion shall be given an opportunity to be heard at the general meeting before the special resolution is put to a vote.
  i) All members are in good standing except members who have failed to pay the current annual membership fee or any other debt due and owing to the Association and are not in good standing so long as the debt remains unpaid.
     
By-Law 4   MEETINGS OF MEMBERS
  a) General meetings of the Association shall be held at the time and place, in accordance with the Society Act of B.C., that the board decides.
  b) Every general meeting, other than the Annual General Meeting, is an extraordinary general meeting.
  c) The Annual General Meeting of the Association shall be held within ninety (90) days following the end of the fiscal year of the Association at a time, date and place designated by the Board.
  d) The board may, when it thinks fit, convene an extraordinary meeting.
  e) If the Board receives a written and signed request from ten (10) percent of the total general membership it shall convene an extraordinary general meeting within one month.
  f) Notice of a general meeting shall specify the place, date and hour of meeting, and in the case of special business, the general nature of that business.
  g) The accidental omission to give notice to, or the non-receipt of notice by, any of the members entitled to receive notice shall not invalidate proceedings at that meeting.
  h) The first Annual General Meeting of the Association shall be held not more than fifteen (15) months after the date of incorporation and after that at an Annual General Meeting shall be held at least once in every calendar year and not more than fifteen (15) months after the last Annual General Meeting.
  i) A quorum shall be twenty (20) percent of the total active membership but never less than 3 members.
     
By-Law 5   VOTING RIGHTS OF ACTIVE MEMBERS
  a) Voting at general meetings shall be a show of hands, except when ten (10) percent of the members present a request that a ballot vote be taken, or officers of the Association are being elected.
  b) Voting by proxy is not permitted.
     
By-Law 6   ASSOCIATION FEES
  a) Fees for the following year shall be established at the Annual General Meeting of the Association upon advice of the Board.
  b) Fees may only be raised or reduced at an Annual General Meeting.
     
By-Law 7   BOARD OF DIRECTORS
  a) The affairs of the Association shall be managed by a Board of Directors who shall exercise all such powers and do all such acts and things as shall be exercised by the Association.
  b) The regular day-to-day affairs of the Association shall be conducted by a Board made up of the President, Vice-President, Past President, Secretary, Treasurer and six (6) directors at large elected at the Annual General Meeting.
  c) The President, Vice-President, Secretary and Treasurer upon incorporation, or as determined by the members, shall be the Officers of the Association.
  d) The Officers shall be elected by the Directors, from among the Directors, at the first meeting of the Directors, following the Incorporation or Annual General Meeting and in the manner approved by the Directors.
  e) The President, upon retirement as President, shall assume the position of Past President for one year.
  f) Directors may be elected for consecutive terms but these shall not exceed three, after which Directors who have been out of office for more than two years may once again stand for office at an Annual General Meeting
  g) The Directors of the Association shall be elected at the Annual General Meeting and shall, except for the organizational year of the Association, hold office for two years.
  h) In the organizational year, half of their total number number shall be elected for one year and the remaining half for two years.
  i) The President, if unable to complete the term of office shall be replaced automatically by the Vice-President and the office of the Vice-President shall remain vacant until the next Annual General Meeting.
  j) If any other Officer or Director is unable to complete the term of office, or if a vacancy occurs for any reason the Board shall appoint a willing replacement from the active membership of the Association.
  k) No member of the Board may accept remuneration for services to the Association. Any member of the Board of the Association may be reimbursed by resolution of the Board for out-of-pocket expenses, including traveling expenses incurred while performing duties or tasks for the Association, if the Board has given prior approval for those expenses.
  l) Meetings of the Board shall normally be held once each calendar month on a regular basis at a time and place set by the Board.
  m) The Board shall have, and shall exercise, all the powers of the Association as fully and as the Association can, in General Meeting, and can only be limited by the Society Act of the Province of British Columbia.
  n) A member of the Board who ceases to be a member of the Association shall cease to be a member of the Board.
  o) No more than one member from the same family can be an officer of the Association.
  p) The Board may by Resolution remove a Director for cause before the expiration of office.
  q) The Board shall assure that none of its members act at Board, general, or committee meetings of the Association when a personal conflict of interest exists on any matter under discussion. A member in a conflict of interest will be excused from the meeting when the matter is before the remaining members of the Board, and shall not vote on the matter.
     
By-Law 8   COMMITTEES
  a) Committees may be formed by the Board as required to perform special functions and shall be chaired by a Director of the Association or Board appointed Chairman.
     
By-Law 9   DUTIES OF OFFICERS
  a) The President shall chair all meetings of the Association general membership, and meetings of the Board. The President shall be the Chief Executive Officer of the Association and shall supervise all other Board members in the execution of their duties.
  b) The Vice-President shall carry out the duties of the President when the President is unable to do so. In addition the Vice-President shall carry out special duties assigned by the President.
  c) The Secretary shall:
  1. Keep minutes of all Board and general meetings of the Association.
  2. Conduct the correspondence of the Association.
  3. Issue all notices of meetings of the Association and the Board.
  4. Have custody of all records and documents of the Association except those required to be kept by the Treasurer.
  5. Have custody of the Seal of the Association.
  6. Have custody of the key to the safety deposit box.

If the secretary is absent from a meeting, the Board shall appoint another person to act as secretary at the meeting.

  d) The Treasurer shall:
  1. Keep financial records, including books of account, necessary to comply with the Society Act of British Columbia.
  2. Shall issue receipts for cash received by the Association.
  3. Render Financial Statements to the President, the Board and the Association when required.
  4. Render Financial Statements and reports to the President and the Board at least one week prior to the Annual General Meeting of the Association.
  5. Signing officers of the Association shall be appointed by the Board. Transfers, licensees, contracts and engagements on behalf of the Association shall be signed by the Signing Officers.
  6. The Treasurer shall open an account at a Chartered Bank, Trust Company or Credit Union as directed by the Annual General Meeting on the advice of the Board.
  7. A safety deposit box in the name of the Association may be rented at the financial institution if the board decides it is required.
  e) The Past-President shall:
  1. Review the by-laws for the Annual General Meeting.
  2. Set up the Annual General Meeting.
  3. Be a liaison between the Association and the local government.
     
By-Law 10   BORROWING POWERS AND AUDIT
  a) For the purpose of carrying out the objectives of the Association, the Board may borrow or raise or secure the payment of money in such manners as approved by a majority of the membership at such regular, special or general meetings where the matter is raised. However, debentures shall not be issued without the sanction of a special resolution.
  b) The Board may from time to time appoint and auditor(s) to hold office for such time period as the Board may determine.
  c) The members of the Association may, by a special resolution, restrict the borrowing powers of the Board, but a restriction imposed expires at the next Annual General Meeting.
     
By-Law 11   AMENDMENTS, ADDITIONS AND/OR DELETIONS TO CONSTITUTION & BY-LAWS.
  a) The Constitution and it's By-Laws may only be revised at an Annual general Meeting of the Association or at an extraordinary Meeting of the Association called for that purpose.
  b) The membership must receive notice of the proposed changes, the reasons for, date, time and place of the meeting.
     
By-Law 12   INSPECTION OF BOOKS AND RECORDS
  a) The books and records of the Association may be inspected by members at any General Meeting of the Association.
     
By-Law 13   WINDING-UP OR DISSOLUTION OF THE ASSOCIATION
  a) In the event of winding-up or dissolution of the Association, all moneys, assets and properties, remaining after all debts are paid, shall be paid out or transferred to an organization(s) recognized as charitable under the Societies Act of British Columbia at no cost to the recipient.
     
By-Law 14   RULES OF ORDER
  a) Robert's Rules of Order 1990 Edition, or the latest revision thereof shall govern all proceedings at the Association meetings.

 

Dated February 13, 1995
and signed and witnessed by...
Patrick Joseph McCormick
930 McKay Road
Kelowna, B.C. V1Z 2C4
Patricia Brown
616 Keefe Road
Kelowna, B.C. V1Z 1C5
Rita Kathleen Milne
1206 Trevor Drive
Kelowna, B.C. V1Z 2K2
Eric Douglas Schwartz
2517 Thacker Drive
Kelowna, B.C. V1Z 1W2
Josephine Muriel Bullock
768 Kerry Lane
Kelowna, B.C. V1Z 1P1