FCCA Bylaws - Constitution

 

1. Name of the society: Furry Creek Community Association.

 

2. Purposes of the society: To protect and advance the interests of the residents and ratepayers of the community of Furry Creek. To contribute to the ongoing evolution of community governance if so directed by the community, and ensure that Furry Creek’s rights to self-governance are understood and communicated and exercised. To provide a forum for democratic participation, open to all and respectful of diverse views for discussion and resolution of community issues. To express the values and will of the community to government and other agencies. To work with and assist government agencies, at all levels in the representation of Furry Creek affairs. To administer certain community services as required from time to time. To foster a spirit of community involvement. To facilitate cooperation with other community organizations. To preserve the residential and recreational-resort character of the community, and prevent pollution and abuse of land and natural resources.

 

3. The Furry Creek Community Association shall formally recognize the covenants on title on the Uplands development homes as well as the bylaws in Oliver’s Landing and other future strata associations and shall recognize existing building schemes and fundamental principles. 

 

THIS PROVISION SHALL BE UNALTERABLE.

 

4. The operation of the society shall be carried on without purpose of gain for its members, and profit or other accretions to the society shall be used in the promotion of its objects. 

 

THIS PROVISION SHALL BE UNALTERABLE.

 

5. In the event of dissolution or of the winding up of the society, any money or assets of the association remaining after the satisfaction of its debts and liabilities shall be given or transferred to such organizations concerned with the same objectives as this society. 

 

THIS PROVISION SHALL BE UNALTERABLE.

 

Bylaws

Interpretation of Constitution and bylaws

 

1. In these bylaws, unless the context otherwise requires: “Association” means the Furry Creek Community Association. “Society Act” means the Society Act of British Columbia and amendments to it. The definitions in the Society Act on the date these bylaws become effective apply to these bylaws. The provisions of the Society Act shall supersede unless requirements set out in an Association bylaw exceed those of the Society Act. “Directors” means the Directors of the Association for the time being. “Furry Creek” means all properties and undeveloped land in that part of BC’s Squamish –Lillooet Regional District shown outlined in heavy black line on the sketch plan attached as Appendix “A”. "Ordinary resolution" has the meaning set out in the Society Act “Registrar means the Registrar of Companies "Special resolution" has the meaning set out in the Society Act Words importing the singular include the plural and vice-versa, and words importing a male person include a female person and a corporation. Where there is considered by the Directors to be an ambiguity or omission in the constitution or bylaws, a unanimous ruling by the Directors shall determine the issue. Such determination shall be considered precedent until such time as the constitution and/or bylaws are altered. 

 

2. Membership eligibility (minimum age: 18 years old) All property owners and their respective partners/spouses in Furry Creek will be eligible to be members of the Association. All residents not being named on the tax assessment notices on land in Furry Creek are eligible for membership in the Association. To be eligible to vote, each household shall pay $50.00 in annual membership fee to be used towards administration costs and community efforts. (An eTransfer can be sent to FCCA at our official email) All members are in good standing until they cease to be a member. 

 

Corporations and businesses paying taxes on land owned or leased in Furry Creek are eligible for membership as Membership – Corporate with a fee of $1,000.00 and ability to share news/information with FCCA members at the discretion of the board )

 

Corporations and businesses Not paying taxes on land owned or leased in Furry Creek are eligible for membership under Associate Membership with a fee of $150. (Associate members will get opportunity to be featured on our website i.e. realtor listing or on community services page)

 

Each strata incorporated in Furry Creek will have one board seat assigned for a representative of their choosing to represent said strata at board meetings and official FCCA events as long as such a representative is in good standing as a member of FCCA. There may be up to 5 appointed strata board members.
 

3. Membership Rights and Obligations Every member must uphold the constitution of the Association and comply with these bylaws. There shall be a register of members in the custody of the secretary stating the names and addresses of the members. Persons eligible for membership shall become members on submission of their names to the secretary and entry into the register. No member may vote on any resolution until after submission of his or her name to the secretary, and payment of applicable dues. Any revision to the amount of the annual membership fees must be determined by the membership at the Association’s annual or special general meeting. Any non-member may attend meetings of the society as an observer or as a delegate, but eligibility to vote shall be in accordance with existing bylaws. Any member may submit communication to the Directors for consideration. 

 

4. Discontinuance of Membership An individual shall cease to be a member of the Association if he or she ceases to be a resident or ratepayer of Furry Creek, or Requests in writing that the membership be terminated, or Is expelled from membership by a Special Resolution. 

 

5. Meetings of members and Voting Rights There shall be an Annual General Meeting (AGM) held within two months of the end of the fiscal year. Special General Meetings (SGM) may be called: (i) At the discretion of the Directors (ii) On written requisition to the President by at least 10% of voting members, in accordance with the Society Act.Notice of all meetings, together with ballots if applicable, shall be issued at least twenty-one (21) days before the date of the meeting. Notice must be forwarded to all members by mail, or by E mail, and posted at two designated public places in Furry Creek, and posted on the community web site when available. When questions arise as to the proper parliamentary procedures and rules of debate, the chairperson shall apply ROBERTS RULES OF ORDER. A voting member present at a meeting of members shall be entitled to one vote. Voting by proxy is permitted. All proxies must be issued in open or closed form and must be received by the secretary at least 24 hours prior to the meeting. Voting by mail or by fax is permitted. Mailed and faxed ballots must be received by the secretary at least 48 hours prior to the meeting. An individual may vote on behalf of a member corporation or business provided that the member corporation or business has appointed such person in a written notice filed with the Secretary. Notwithstanding any of the above, an individual, corporation or business has at most one vote on any given resolution. Voting shall be by secret ballot: (i) For the election of the Directors.(ii) For the voting on any resolution where, in the opinion of the chairperson, such procedure is warranted. (iii) For the voting on any resolution where, by show of hands, the majority of those present and eligible to vote so require a secret ballot. During each meeting, opportunity shall be provided to allow members to raise issues of concern to the community. The Chairperson shall have the power to table to the next meeting any issue he or she feels requires further deliberation. 

 

6. Quorum: The quorum for transaction of business at a membership meeting shall be thirty (30) percent, but not less than 20 persons, of voting members present in person or represented by proxy. If within 1/2 hour from the time appointed for an annual or special general meeting, a quorum is not present, the eligible voters, present in person or by proxy, constitute a quorum. This bylaw does not apply to a meeting demanded pursuant to the Act and failure to obtain a quorum for a meeting demanded pursuant to the Act terminates, and does not adjourn, that meeting. 

 

7. Formation and Composition of the Directors Directors shall be chosen by the members at the AGM. Candidates may volunteer or accept a nomination to be considered for elected office. In order to stand for election, a candidate must be a voting member. Five Directors shall comprise the Directors of the Association. These Directors shall self-appoint the office each Director shall fill. An election may be by acclamation; otherwise it must be by secret ballot. The 5 elected Directors shall serve as Directors for a one-year term. In the event that a Director resigns or otherwise ceases to hold office, the remaining Directors must appoint a member as replacement until the next AGM membership meeting, where an election must take place. The members may, by special resolution at a SGM, remove a director before the expiration of his or her term of office, and may elect a successor to complete the term of office. The retiring Directors shall complete the records of the society and hand them over to their successors. All Directors and any sub-committee members must accept to attend to their duties on a volunteer basis, and no remuneration will be provided. 

 

8. Duties of the ASSOCIATION Directors: President: To direct the operational aspects of the Association. To Chair all meetings of the society and of the Directors. To sign all necessary correspondence, announcements and cheques. Vice-President: To perform the duties of president during his absence. Secretary: To conduct the correspondence of the Association. To issue notices of meetings of the society and Directors. To keep minutes of all meetings of the society and Directors. To have custody of all records and documents of the Association, except those required to be kept by the Treasurer. To have custody of the common seal of the Association. To maintain the register of members. Treasurer: To keep the financial records necessary to comply with the Society Act. To receive and hold safe all funds. To pay out money from the Association funds for all authorized expenses. Cheques must be signed by both the Treasurer and the President. To make regular reports to the membership of the society’s financial condition. To arrange a year-end audit by a qualified auditor appointed at the previous AGM in accordance with the Society Act. 

 

9. Powers of the Directors To gather information on issues relevant to the community of Furry Creek, and present it to the membership when a decision on action is required. To communicate the views of the membership to appropriate government and corporate representatives. To create sub-committees as required for addressing specific issues or tasks. To call meetings of the membership. To draft proposals for amendments to the Constitution and Bylaws. To issue cheques from the Association’s bank account when expenses have been approved by the Directors. To enter into contractual relationships, which fall within the constraints of the budget, on behalf of the Association, after approval by the Directors. To prepare an annual budget for presentation and approval at the AGM. 

 

10. Borrowing Powers There shall be no borrowing powers.

 

11. Altering of the Constitution and Bylaws The Association constitution and bylaws must not be altered or added to except by special resolution at an AGM or SGM. Notice of the meeting must be mailed, or faxed or e-mailed to all members, posted at a minimum of two designated public places in Furry Creek, and posted on the community web-site when available. Notice of the meeting must be given a minimum of twenty-one (21) days prior to the meeting. Notice of the meeting must contain an actual wording of the altering resolution being submitted to the meeting. 

 

12. Inspection of Books and Records The books and records of the Association shall be open to inspection by members at any reasonable time at the place where such books and records are normally kept. The constitution and bylaws of the Association shall be posted on the community web site when available. Minutes of the meetings shall be posted on the community web site when available. Upcoming meeting agenda and proposed resolutions shall be posted on the community web site when available. 

 

13. Limitation on Liability of Directors & OfficersNothing in a contract, the constitution or the bylaws, or the circumstances of a director’s appointment, relieves a director From the duty to act in accordance with the Society Act and the regulations, or From a liability that by a rule of law would otherwise attach to the director in respect of negligence, default, breach of duty or breach of trust of which the director may be guilty in relation to the society.