Loch Lomond Personal Water Craft Association

Constitution

Name and Objectives

1. The name of the Association shall be ‘Loch Lomond PWC Association’ (hereinafter referred to in these rules as the Association).

2. The object on which the Association is formed is to promote and facilitate the sport of Personal Watercraft’s and also to provide assistance and education to members for the safe use of Loch Lomond.

Officers

3. The officers of the Association shall be Full members of the Association and shall consist of a Chairman, a Secretary, a Membership Secretary and a Treasurer and no more than 6 other members of the committee. Officers shall be elected at the AGM in each year and shall hold office for one year, retiring at the termination of the AGM in each year.  All Officers of the Association shall be eligible for re-election.

4.0 Duties of the Secretary

4.1 Conduct the correspondence of the Association;

4.2 Keep custody of all Association documents;

4.3 Keep full minutes of all meetings of the Association, the Committee, which shall be confirmed and signed by the appropriate Chairman upon the agreement of the Association, the Committee, at the next following meeting of the Association.

4.4 Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.

5.0 Duties of the Membership Secretary

5.1 Keep a register of Association members’ names and addresses;

5.2 Devise and implement strategy for recruitment of new members.

5.3 Correspond with members notifying of progress and general association news on a frequency agreed by the committee.

6.0 Duties of the Treasurer

6.1 Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the Association.

7.0 Duties of the Auditors (other committee members)

7.1 Be appointed at the AGM in each year.

7.2 The auditors shall audit the accounts of the Association when called upon to do so and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or the committee;

8.0 Membership

8.1 There shall be the following categories of membership with power to vote at all meetings of the Association as indicated hereunder.

A CORPORATE MEMBER – being an organisation in which one representative of that organisation who is over the age of eighteen is eligible to cast one vote on behalf of that organisation.

A FULL MEMBER – being a person who, at the date of election, is over the age of eighteen shall have one vote.

AN HONORARY MEMBER – being a person who, at the date of election pays no fees and shall have one vote.

A JUNIOR MEMBER – being a person who, at the date of election is under the age of eighteen and shall have no vote.

9.0 Members Entrance & Subscription Fee

9.1 The rate of Entrance and Subscription fee for each category of Membership shall be proposed by the Committee to the members at the AGM 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.  As such the normal subscription year for the association shall be from 1^st January until 1^st January each year.  The current rate of entrance and subscription fee shall be prominently displayed on all paperwork.

10.0 Members duty to provide an up to date address

10.1 Every member shall furnish the Membership Secretary with an up to date address which shall be recorded in the Register of members and any notice sent to such address as shall be deemed to have been duly delivered.

11.0 Election and Retirement of Members

11.1 Upon receipt of an application for membership, the secretary shall enter such application in a Register of Candidates along with all relevant paperwork.

11.2 Upon election, a candidate shall pay, within one calendar month, such Entrance and other fees as shall be requested.  In default of such payment, the election shall be void unless sufficient cause for delay is shown.

11.3 A member desirous of retiring from membership shall serve five days notice in writing to the Membership Secretary.

11.4 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, reinstate such member upon payment of arrears.

12.0   Members duties and codes of ethics

12.1 All members must comply with Local and National boating regulations.

12.2 All members must comply with Loch Lomond National Park Authority Byelaws.

12.3 All members must comply with the association rules and conduct themselves within the spirit of the constitution. 

12.4 It shall be the duty of all members to act as ambassadors to the association to maintain good and equitable relationships with other users of Loch Lomond as well as local authorities and their officials.

13.0 Management committee

13.1 The management committee (herein referred to as the committee) shall consist of the officers, ex officio and not more than 6 Full members of the Association elected at the AGM each year to hold office until the termination of the next following AGM.

13.2 If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.

13.3 If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the AGM and entitled to vote, vote in favour of such election.

13.4. 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.

13.5. A retiring chairman shall serve as an ex officio member of the committee in the year immediately following his retirement.

13.6. Voting (except in the case of a resolution relating to the expulsion of a member) shall be by a show of hands.  In the committee case of equality of votes the chairman shall have a second and casting vote.

14.0 Powers of the committee

14.1. 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.

14.2 The committee shall make such regulations as it shall from time to time think fit.  Such regulations shall remain in force until approved or set aside by a vote of a General Meeting of the Association.

14.3. A member of the committee, in transacting business for the Association, shall disclose to third parties that he is so acting.

14.4. The committee, or any person delegated by the committee to act as agent for the Association or its members, shall enter into contract only as 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.

14.5 In pursuance of the authority vested in the committee by members of the Association, 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.

14.6 The limit of any individual member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of that category of membership unless the committee has been authorised to exceed such limit by a general meeting of the Association.

14.7 Any proposal to alter this constitution must be submitted to the secretary of the organisation not less than 28 days before the meeting at which it is to be discussed. Not less than 14 days notice shall be given of such a meeting, together with the wording of the proposed alteration(s), any alteration shall require the approval of two-thirds of those present and voting at the meeting.

15.0. Meetings of the Association

15.1. An AGM of the Association shall be held each year on a date fixed by the committee. The Secretary shall at least fourteen days before the date of such meeting or any general meting as hereinafter mentioned post or deliver to each member notice hereof and of the business to be brought forward thereat.

15.2. The committee may at any time call a general meeting of the Association for any special business the nature of which shall be stated in the summons convening the meeting.

15.3. At every meeting of the Association the chairman or, in their absence, a chairman elected by those present shall preside.

15.4. On any resolution properly put to a meeting of the Association relating to the creation, repeal or amendment of any rule, byelaw or regulation of the Association such rule, byelaw or regulation shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.

16.0 Equal Opportunities

16.1 The organisation shall uphold equal opportunities and work for the good relations among all members of the organisation, specifically prohibiting any conduct which discriminates or harasses on the grounds of race, colour, nationality, gender, disability, age, sexuality, religion or political beliefs.

17.0 Dissolution of the Association

17.1 If, upon the winding up or dissolution of the Association, there remains after the satisfaction of all its debts and liabilities any property whatsoever; the same shall be paid to or distributed amongst the members of the Association.

18.0 Control of car parking

18.1 Members must ensure that cars and trailers are only parked in areas designated for parking; they must also ensure that such cars and trailers do not cause an obstruction to other vehicles and members of the general public.