Rules of the Association - Revised May 2009
1. Association Name
The name of the Association is the “West Cliff House Owners’ Association” (hereinafter referred to as “the Association”).
2. Objectives of the Association
To maintain and keep in good repair the following Estate assets:
· Roads, footpaths and verges
· Sewers and surface water drains
· Road signs and markings
· Seats, gates and salt-bins
· Any other property owned by, or the responsibility of, the Association
The Association will not become involved in boundary or other disputes between property owners or residents on the estate
3. Membership
Membership of the Association is open to any person owning any property on the West Cliff Estate, West Bay. If a property is owned by more than one person, the joint owners shall be covered by a single membership.
Every member shall be entitled to one vote on any subject at any general meeting of the Association. If a property is owned by more than one person, the joint owners shall be entitled to one vote only. If a member owns more than one property on the Estate, he or she will be entitled to one vote for each property owned.
When the ownership of a property changes, the vendor(s) shall resign from the Association immediately, and the purchaser(s) shall become members as soon as they have notified the Hon Secretary of the Association of their acquisition. Where the vendor has paid the full annual contribution for the current year, the new owner will not become liable to contribute until the 1st May in the financial year following their admission to membership.
4. Annual Estate Maintenance Contributions
All property owners on the West Cliff Estate automatically become registered members of the Association, and are required to pay an annual estate maintenance contribution to the Association to cover the costs of maintaining Estate services.
These annual contributions are due on 1st May each year following the Annual General Meeting (AGM) at which the rate for the year is voted upon and agreed by members. The Association’s Financial Year runs from the 1st April to the 31st March in the following year.
Members who have not paid their annual contribution for the current year are not entitled to vote at any meeting of the Association.
5. Officers and Committee
The Officers of the Association shall consist of the Chairman, Vice-Chairman, Hon Secretary and Hon Treasurer. Any person filling these roles must be a member of the Association. Officers shall be elected at the AGM and shall be eligible for re-election.
The Committee of the Association shall consist of the Officers and a minimum of seven other members who shall be elected at the AGM for a period of three years. Two such members shall retire each year by rotation and shall be eligible for re-election. One position shall be Minutes Secretary, with the remainder acting as Road Representatives for nominated areas throughout the Estate.
Casual vacancies shall be filled by the Committee by co-option until the AGM following the vacancy. The vacancy will then be filled by election in the normal way at the next AGM.
6. General Meetings
The Association shall hold an AGM in the month of April each year.
An Extraordinary General Meeting (EGM) may be convened at any time by the Committee, or within one month of the receipt by the Hon Secretary of a request signed by not less than 5 members stating that:
· An EGM should be held
· Specifying the business that it is desired to transact at the meeting
The Hon Secretary shall give to each member not less than seven days’ notice of any General Meeting of the Association, and such notice shall state:
· the business to be transacted at the meeting
· the form of any resolution which it is desired to submit to the meeting
The Chairman of any General Meeting shall be the Chairman of the Association, or if he/she is not present any member of the Committee. If no Committee member is present, then the Association Members present shall elect one from their number to take the Chair.
If an equal number of votes are cast on any issue at any meeting, the Chairman of the meeting shall have a second (or casting) vote.
At any General Meeting the Quorum shall be 25 Association Members.
6.1
Proxy Voting
Proxy Voting shall be allowed at General Meetings. Proxy Votes must be made in writing, signed and dated by the member, showing the member’s address, the motion and any option being voted on, and a YES or NO indicated. Proxy Votes must be delivered to a member of the Committee before the meeting starts. The Chairman will be responsible for ensuring that Proxy Votes are added to the total votes cast by those members who are present. A member can retract a Proxy Vote by writing to a member of the Committee, or by attending the meeting and withdrawing it in person.
7. Proceedings of the Committee
The Committee shall meet from time to time as necessary, and in any case not less than four times in any year. The Quorum for the Committee shall be five, of whom at least one must be an Officer of the Association. Each member shall be entitled to one vote. If the Association Chairman is not present, then (in descending order), the Vice-Chairman, Hon Secretary or Hon Treasurer shall take the Chair. If equal numbers of votes are cast on any issue, the Chairman of the Meeting shall have a second (or casting) vote.
The management and affairs of the Association shall be controlled by the Committee. The Committee shall notify members as soon as possible of any decision taken that might affect them or their property.
8. Finance and Accounts
The Hon Treasurer shall prepare a balance sheet and accounts for each year for submission to the AGM in April. Details of the Association accounts shall also be given by the Treasurer at all Committee meetings.
The drawing of monies shall be subject to the approval of the Committee, and no such drawings can be made without the signatures at least two members of the Committee.
The Association Auditor shall be appointed at the AGM for the ensuing year, or co-opted later if necessary.
The Committee shall have the power to pay an honorarium to the Hon Secretary, Hon Treasurer and Minutes Secretary of the Association. The Officers and Committee Members shall be entitled to the reimbursement of expenses incurred on Association business, subject to the production of supporting receipts where practical.
The Committee are responsible for the funds of the Association, but are not authorised to allow funds to run into deficit, unless approved by a General Meeting of the Association. In the event that funds are insufficient to cover the costs of maintaining the items listed in Section 2, each house owner shall pay an equal proportion of any shortfall to the Association.
9. Trustees and Estate Deeds
The Deeds of the Association’s roads and verges are vested in the Trusteeship of up to four persons. They remain as Trustees until retirement, resignation or until they are no longer resident on the Estate. New Trustees shall be elected at a General Meeting of the Members of the Association. The names of the current Trustees are available from the Hon Secretary.
10. Amendment to Rules
The content of these Rules may be only altered or added to by a resolution of any General Meeting of the Association that is carried by a majority of not less than 75 percent of those members present.
Any proposed change to the legal status of the West Cliff Estate or the Association, excepting the identity of the Trustees referred to in Rule 9 above, may only be agreed provided a majority of not less than 75 percent of Members is obtained by a secret ballot.
© West Cliff House Owners' Association 2009