MEETING TRAIL COTTAGERS’ ROAD ASSOCIATION

Constitution (May 2007)

Preamble: The MTCRA has been founded for all property owners who are interested in having an organization to work for their common good:  the maintenance, repair, and rebuilding of their road(s). All members are encouraged to reflect the general feeling of their community and to bring their needs to the attention of the Association.

Statement of Beliefs and Principles:

A. The road was originally built with a spirit of mutual cooperation, respect and neighbourliness. This spirit of mutual cooperation, respect and neighbourliness should pervade all dealings in regards to the road.

B. Cottagers must be guided by a shared commitment to respect, and live in harmony with nature, and each other.

C. The road is a seasonal road. Winter access requirements are the responsibility of the individual cottager, not the road association.

D. No matter where we live on the road we have a communal responsibility for the condition of the entire road.

E. If any member, or their guest, or their contractor, etc., etc., damages the road, it is the member=s responsibility to either repair the road or provide suitable restitution to the Association.

Name: The Association shall be called the “Meeting Trail Cottagers’ Road Association.”

***Identified in Writing: In this document, “identified in writing” means typed, hand written, or electronic communication.

Membership:

F. Membership is limited to one within the designated area.

G. Each membership carries with it the right to two votes at any meeting of the members.

H. Membership is represented by one (or both) registered property owner(s) and/or his/her designate. The designate shall be identified in writing.

I. The membership year runs from the date of the Annual Meeting to the date of the Annual Meeting in the following year.

***Amended D:  The membership year runs from June 1st to June 1st or from the date of the Annual Meeting to the date of the Annual Meeting in the following year, whichever comes later.

J. Membership renewal fees should be paid at the Annual Meeting or by cheque to the Treasurer. The Association shall set the Annual Membership fee by resolution.

K. Members deemed in default shall automatically lose his/her membership until such time as dues have been paid in full.

Financial Year: The year shall commence May 1 and end April 30.

Annual General Meeting:

L. An Annual General Meeting shall be held on a date in May, or at some other time, to be fixed by the Association by resolution for the purpose of receiving reports, and of electing the Executive for the ensuing term, and for the transaction of any other business.

M. All elected Executive shall be nominated and elected at the Annual Meeting. All elections of Executive shall be made by a simple majority of the quorum. The term of office shall be one year.

N. At least 30 days prior notice shall be given to the members concerning the holding of the Annual General Meeting.

O. Nine voting members shall constitute a quorum for the holding of an Annual General Meeting.

P. Each registered owner shall have one vote and his/her designate shall also have one vote at the Annual General Meeting. If there is no designate, the registered owner will have two votes. The designate shall be identified in writing with the form given to the Secretary. The maximum number of votes allowed per member is two. The same voting rules will apply at any special meetings of the Association. An absentee member may appoint a Proxy in writing to act on his/her behalf at any meeting.

F. Robert’s Rules of Order will apply at all meetings. In electing the Executive, where more than the required number of Executive are nominated and stand for election, the election shall be by secret ballot.

G. (a) Seven members of the Association whose memberships are in good standing may petition the Executive to call a special meeting of the members for any purpose connected with the affairs of the Association that is not inconsistent with The Corporations Act.

(b) The petition shall state the general nature of the business to be presented at the meeting and shall be signed by the petitioners, and be deposited with the Secretary.

(c) Upon receipt of the petition the executive shall call forthwith the meeting of the members for the transaction of the business stated in the petition.

(d) If within 35 days from the date of the deposit of the requisition the executive does not call and hold the meeting, any of the petitioners may call such a meeting, which shall be held within 60 days from the date of the deposit of the petition.

Executive:

Q. The officers shall consist of a President; Secretary; Treasurer; and Road Committee Chair. Instead of having separate positions for Secretary and Treasurer there may be a Secretary/Treasurer.

B. Between Annual General Meetings, the general management and control of the affairs, funds and property of the Association shall be vested in the said Executive, subject only to the Constitution and decisions taken by majority vote at the members at the Annual General Meeting, or at any other special meeting called by the Executive on the same notice as for Annual General Meetings.

C. 60% of the members of the Executive shall constitute a quorum.

Indemnification: All Executive of the Association and their heirs, executors, administrators and their estates and effects respectively, shall at all times be indemnified and save harmless out of the funds of the Association from and against

(a) all costs, charges and expenses whatsoever which the Executive sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against him or her for, or in respect of, any act, deed, matter or things whatsoever made, done or permitted by him or her in or about the execution of the duties of his or her office, and

(b) all other costs, charges and expenses which the Executive or officer sustains or incurs in or about or in relation to the affairs thereof, except such cost, charges or expenses as are occasioned by his or her own willful neglect or default.

The Association may also indemnify any Executive in such other circumstances as the Law may permit or require.  Nothing in this clause shall limit the right of any person entitled to indemnity to claim indemnity apart from the provisions of this clause to the extent permitted by Law.

Funds:

A. The funds of the Association shall be in the keeping of the Treasurer who shall deposit these in a chartered Canadian Bank or Trust Company and shall make payments for the Association by cheques on the said bank account, with the exception of petty cash payments for which the Treasurer will account by voucher.

B. The signing Officers are: President and Secretary/Treasurer.

Standing Committees:

The Executive may appoint Standing Committees and Special Committees as required: e.g. Constitution; Capital Improvements, etc.

Bylaws: The Association may make any bylaw to the Constitution subject to the conditions listed below.

Amendments: Amendments, or bylaws, to the Constitution may only be made at the Annual General Meeting, or at any special meeting properly called, and members must be notified at least two weeks before the meeting.  Any amendment, or bylaw, to the Constitution must be passed by a two-thirds majority of members present at the meeting.