ROBINSON LAKE PROPERTY OWNERS ASSOCIATION
CONSTITUTION AND BY-LAWS

CONSTITUTION
    NAME
  1. The name of the Society is "ROBINSON LAKE PROPERTY OWNERS ASSOCIATION".


    2. OBJECTS
  2. The objects of the Society are to acquire, maintain and develop Robinson Lake, near Courtenay, British Columbia, for the enjoyment of the members of the Society.


    3. LOCALITY
  3. The operations of the Society are to be chiefly carried on at Martin Park , near Courtenay, British Columbia.

BY-LAWS

    FISCAL YEAR
  1. The fiscal year of Robinson Lake Property Owners Association (hereinafter called "the Association") shall end on December 31st in each year.

    2. MEMBERSHIP
  2. Members of the Association include all owners of such properties surrounding Robinson Lake who have been accepted by the Association as members and who have not withdrawn as members of the Association.


    3. WITHDRAWAL
  3. Any member wishing to resign from the Association may do so by notice in writing addressed to the Secretary. Resignations are effective at the date of their receipt by the Secretary.


    4. REINSTATEMENT                                                                          
  4. Any person, who owns property in the appropriate area, and who has previously resigned from membership of the Association, may obtain reinstatement upon making written application for such to the Secretary, and upon making payment of the current year's membership dues.


    5. USE OF ASSOCIATION PROPERTY AND FACILITIES
    1. All members and their dependents and guests shall have use of Association property and facilities, and the member(s) shall be responsible for both dependents' and guests', behaviour and/or any incurred liability.
    2. All tenants of members (and tenants within the described area who pay their landlord's Association membership dues and provide proof to the board of directors that they carry appropriate liability insurance) and their dependents and guests shall have use of Association property and facilities, and the member shall be responsible for such tenants', and their dependents' and guests', behaviour and/or any incurred liability, except that the member may escape responsibility for such incurred liability by ensuring that the tenant carries appropriate liability insurance.
    3. Use of Association property and/or facilities by anyone not enumerated in 5.(a) and (b), above, shall be deemed unauthorized use and trespass, and any such users shall be so advised orally and/or in writing, and by signs posted and maintained by the Association.

    ENVIRONMENTAL PROTECTION OF ROBINSON LAKE
  6. No powerboats shall be allowed on Robinson Lake.
  7. Perimeter drains shall be used for ground water and rain water only, and shall not be constructed so as to empty into Robinson Lake.
  8. No septic field shall be placed closer that 33 meters from Robinson Lake, and no septic field shall be placed so that it drains towards Robinson Lake.
  9. All present emergent vegetation shall be allowed to grow in Robinson Lake, unless otherwise decided by the board of directors.
  10. No foreign flora or fauna shall be introduced to Robinson Lake or its close perimeter.
  11. Dredging of Robinson Lake for the purpose of creation of beaches may be allowed after prior consultation with the Environment Committee, whose guidelines for dredging on Association property must be followed. The owner of the property, from which the dredging takes place, shall be held accountable for any oil leaks or spills caused by any excavation equipment.
  12. No structures may be built into, or onto, Robinson Lake without prior approval of the Board of Directors.


    13. ANNUAL GENERAL MEETING                                                                   
    1. The Annual General Meeting of the Association shall be held within the Province of British Columbia, in the month of February each year at such time and place as may be prescribed by the Board of Directors of the Association.
    2. Notice of the time and place of the Annual General Meeting of the Association shall be hand delivered where possible, or else mailed, post paid, but not registered, or electronically mailed to each member of the Association, at his address shown on the Register of Members, at least two (2) weeks prior to the holding of the meeting. The accidental omission of giving such notice to any member shall not invalidate any proceedings at the meeting.
    3. No business shall be transacted at any meeting of the members unless a quorum consisting of members entitled to nine (9) votes are present.
    4. Voting by proxy shall be allowed at the Annual General Meeting or at any other meetings of the members. All proxies shall designate in writing the proxy-holder, and shall be signed by the member giving it. No proxy shall be effective unless presented to the Secretary prior to the meeting being called to order.
    5. The order of business at each Annual General Meeting shall be as follows:
      1. proof of quorum;
      2. reading of the minutes of the preceding Annual General Meeting;
      3. reports from standing committees, including presentation of the annual financial reports;
      4. Officers' reports;
      5. old business;
      6. correspondence;
      7. new business;
      8. election of Directors.

    VOTING AT MEETINGS OF MEMBERS
  14. Members, in good standing with respect to payment of their annual membership dues, shall be allowed one (1) vote per property, and no one shall be entitled to a second or casting vote. In the event there is more than one registered owner of any one property, such joint owners may agree between themselves who shall hold the vote, but if such agreement cannot be reached, the owner whose name ranks first alphabetically shall hold the vote.


    15. SPECIAL MEETINGS                                                                                     
  15. Special General Meetings may be called at any time by the Board of Directors, or upon the written request of a group of members entitled to at least five (5) votes, to consider a specific subject or subjects. At least fourteen (14) days written notice of such meeting shall be either hand delivered or mailed by prepaid post to all members.


    16. OFFICERS AND DIRECTORS
    1. The election of Officers and six (6) additional Directors shall be held at the Annual General Meeting of the Association each year.
    2. The Officers of the Association shall be a President, a Vice- President, and a Secretary/Treasurer. These Officers shall be ex-officio members of all committees, and shall be known as the "Executive Committee".
    3. No Officer or Director shall be entitled to any salary or other payment for services rendered as an Officer or a Director of the Association, PROVIDED nothing shall prevent an Officer or a Director from receiving reimbursement from the Association for reasonable expenses incurred while on the business of the Association.

    17. PRESIDENT
  17. The President shall preside as chairman at every General Meeting and every meeting of the Board of Directors of the Association. The President shall have charge of the general supervision of the Association and its management subject only to the control of the Directors. Further he shall have the power to perform any and all legal duties incidental to his office.


    18. VICE-PRESIDENT
  18. The Vice-President shall, during the absence or disability of the President, exercise all the powers and discharge all the duties of the President, and he shall perform such other duties as may be assigned to him by the Board of Directors.

    19. SECRETARY/TREASURER                                                                             
  19. The Secretary/Treasurer shall keep a record of all matters transacted at General Meetings of the Association and at meetings of the Board of Directors, and shall perform all duties usually incident to such office. Further, he shall issue notices of all meetings of members and of the Board of Directors, and shall keep the minutes and records thereof. He shall conduct all official correspondence of the Association, and shall see that such correspondence is properly preserved and filed until otherwise disposed of by the Board. He shall maintain the Register of Members. He shall collect all annual dues, subscriptions, and any other charges that may be forthcoming, and deposit the same to the credit of the Association in its account. He shall further
    1. keep bookkeeping records of all dues and funds of the Association;
    2. reimburse Officers and Directors for properly authorized and receipted expenses;
    3. provide a complete financial report to the Annual General Meeting;
    4. pay all Association bills when due;
    5. report to the Board of Directors on the status of paid-up memberships when so required.
    He shall perform such other duties as are assigned to him by the Board of Directors.

    20. BOARD OF DIRECTORS
  20. The Board of Directors shall consist of the Officers and six (6) Directors, and it
    1. shall have the power to govern and manage the day-to-day business of the Association;
    2. may exercise all the powers and do all the acts and things that the society may exercise and do, and that are not by these bylaws or by statute or otherwise lawfully directed or required to be exercised or done by the society in a general meeting, but subject, nevertheless, to
      1. all laws affecting the Association
      2. these bylaws,
      3. rules, not being inconsistent with these bylaws, that are made from time to time by the society in a general meeting, and
      4. prior approval at a general meeting of the Association of any expenditure in excess of ONE THOUSAND ($1,000.00) DOLLARS.
      5. the Association has no borrowing power.
    A rule made by the society in a general meeting, does not invalidate a prior act of the directors that would have been valid if that rule had not been made.
  21. Without limiting the generality of anything elsewhere in these By-Laws contained, the Board of Directors shall have the right and authority
    1. to fill any vacancies occurring in their number during their term of office;
    2. to make appointments to any pre-existing or new committees;
    3. to enter into contracts for whatever services may be reasonably required for the operation and maintenance of the Association and its property and facilities, and to make or cause to be made such alterations and improvements to the property of the Association as they in their discretion consider expedient or necessary to the well being of the Association;
    4. to appoint delegates to any relevant associations and/or conventions;
    5. to elect a presiding officer in the event of both the President and the Vice-President being absent;
    6. to appoint a person or persons to sign and execute bills of exchange, cheques, contracts, and any other documents, and to generally conduct the Association's banking;
    7. to make decisions with respect to hours of work, duties, responsibilities, remuneration, and any other terms of employment of any agent and/or employee of the Association.

    22. BOARD MEETING                                                                            
    1. Meetings of the Board of Directors may be called at any time by the President; and the Secretary shall call such a meeting upon being requested in writing to do so by two (2) Directors.
    2. Notice of all meetings of the Board of Directors shall be delivered, mailed or telephoned to each member of the Board of Directors at least two (2) clear days before the day of the meeting.
    3. All questions at meetings of the Board of Directors shall be decided by a majority vote, and in the case of a tie the President shall have a second or casting vote.

    23. COMMITTEES
  23. The chairman of each committee shall be a Director, and each committee shall in all respects be subject to the Board of Directors, who shall decide all questions regarding their jurisdiction and powers, and may at any time control their actions and override their decisions.


    24. SPECIAL COMMITTEES
  24. The Board of Directors may appoint temporary committees from time to time to carry on such special activities as the Board of Directors may decide.


    25. REVISION OF BY-LAWS
  25. The Board of Directors shall from time to time review the Association's constitution and by-laws, and shall propose such changes as may be appropriate.


    26. AUDITORS
  26. An Auditor of the Association shall be appointed by ordinary resolution of the members at each Annual General Meeting, and he shall hold office until the next following Annual General Meeting.


    27. MEMBERSHIP DUES                                                                                               
  27. The annual membership dues shall be fixed by ordinary resolution at the Annual General Meeting and shall be due and payable on or before the first day of each year. Failure by a member to pay annual dues by the due date shall result in the suspension of all his Association privileges until all arrears are paid. In the event no dues are fixed at any Annual General Meeting the amount previously fixed shall continue in effect. The Board of Directors may expel any member whose delinquency with respect to payment of annual membership dues continues for more than three (3) months.

    28. INSPECTION
  28. The Board of Directors shall from time to time determine at what times and places and under which conditions or regulations the accounts and books of the Association, or any of them, shall be open to inspection of members at large.

    29. REMOVAL OF DIRECTORS
  29. The members of the Association may, by special resolution passed at a General Meeting, of which notice specifying the intention to pass such a resolution has been given, remove any Director before the expiration of his term of office, and may, by a majority of the votes cast at that meeting, elect any person in his stead for the remainder of his term.


    30. BY-LAWS
  30. The by-laws of the Association shall not be altered or added to except by a special resolution of the Association.


    31. TRANSFER
  31. No membership shall be transferable or otherwise assignable from one person to another except by permission of the Board of Directors, and subject to such terms and conditions as it may impose and otherwise in conformity with these by-laws.


    32. ADDRESS
  32. The address of the Association, to which all communication and notices may be sent, and at which all process nay be served, shall be Post Office Box #21, Black Creek, British Columbia, V9J 1K8.


    33. NOTICE
  33. Unless otherwise specified in these by-laws, all notices shall be considered properly given if mailed by pre-paid post to each member at his address as it appears on the Register of Members.


    34. INTERPRETATION
    1. If any question should arise regarding the interpretation of these by-laws, the decision of the Board of Directors shall be final unless overruled by the members at a General Meeting.
    2. Wherever the singular or the masculine pronoun is used, the same shall be construed as meaning the plural or feminine or body politic or corporate where the context so requires.
    3. All headings in these by-laws are provided for reference only, and shall not be considered for interpretation of the by-laws.

 
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