The
Association will be known as the Trewent Park Holiday Homes Owners Association.
To
promote and safeguard the interests of members, namely: -
v To work with Freshwater East
Park (Management) Limited to ensure the requirements and rights laid down in
the Lease are maintained.
v To represent members’
interests and views where applicable to Freshwater East Park (Management)
Limited and to negotiate where agreed with the aforementioned Company.
(A) Admission to Membership
Membership
will be open to any person or persons who own a Holiday Home situated at
Trewent Park except as detailed in (B) and (C) below.
Membership
will commence (provided the aforementioned condition is met) on payment of the
membership subscription.
(B) Cessation of Membership
Membership
will cease for any of the following reasons: -
v Sale of the Holiday Home so
that the member has no property interest at Trewent Park.
v Failure to pay the
membership subscription on or before the date of the Annual General Meeting
held in Easter in any membership year.
v Conduct by a member which
brings the Association into disrepute as determined by a vote by the majority
of those members at a General Meeting at which such conduct is considered as
set out in 9 (i) below.
(C) Exclusion from Admission to Membership
Irrespective
of a person’s ability to meet the terms of 3 (A) above, no person will be
admitted to membership who:
v is a director, shareholder
or employee of Freshwater East (Management) Limited or any organization that
takes on the Trewent Park site management role of Freshwater East (Management)
Limited.
v is a first, second or third
generation relative by blood or marriage of any director, shareholder or
employee of Freshwater East (Management) Limited or any organization that takes
on the Trewent Park site management role of Freshwater East (Management)
Limited.
v derives more than 10% of his
/ her income or is a director or, shareholder of any organization which derives
more than 10% of its income from a business relationship with Freshwater East
(Management) Limited or any organization that takes on the Trewent Park site
management role of Freshwater East (Management) Limited.
v
(A) Elected Officials
The elected
officials of the Association will be the Chairman, Secretary and Treasurer.
These posts will come up for re-election every two years at the relevant Annual
General Meeting.
(B) Executive Committee
An Executive
Committee, which includes the three elected officials, and not less than one member
and not exceeding five members will be formed at the Annual General Meeting.
Membership of the Executive Committee will not be by election, unless the
number of members put forward exceeds the maximum figure of five. Members may
be co-opted to the Executive Committee at any general meeting provided there
are vacancies.
(C) Management
i)
The
Chairman or a deputy/delegate appointed by the Executive Committee will chair
all decision-making meetings of the Association and will represent the views
and aims of the Association in any negotiations with Freshwater East Park
(Management) Limited and/or any other involved parties.
ii)
The
Secretary will be responsible for the day to day running of the Association,
including provision of Minutes, recruitment, collection of membership
subscriptions, booking of venues for meetings and general correspondence.
iii)
The
Treasurer will be responsible for the financial requirements of the Association
and will keep the bank statements, books and cheque books, and also provide at
each Association meeting an up to date account of the Association’s financial
position.
iv)
The
Executive Committee will be provided with copies of any correspondence which
the Secretary or Chairman may issue in the course of their duties. They will be
responsible in putting forward names for election to the Association’s official
positions. It is hoped that most nominations will be Executive Committee
Members, but this is not a requirement.
5. GENERAL MEETINGS
i)
The
Association will hold two or more meetings each year. The first meeting will be
the Annual General Meeting and will be held during the Easter break. The second
meeting will be held at the end of the season, usually in October.
ii)
At
each meeting the Chairman and Secretary will present a report outlining their
work since the previous meeting. The Treasurer will also present to the meeting
an up to date assessment of the Association’s financial position.
iii)
Only
paid-up members may attend and vote at these meetings. However, provided it is
agreed before the meeting a paid-up member may appoint a proxy to vote for him.
iv)
In
the case of joint owners or members who own more than one property at Trewent
Park only one vote will be allowed at Association meetings.
v)
Members
have the right to raise any relevant point at the meeting. The Association
will, however, only agree to take up any problem with Freshwater East Park
(Management) Limited, on behalf of a member, provided that member has already
referred the problem to the Management Company.
vi)
Any
General Meeting with less than ten paid-up members present can discuss
proposals, but no decisions affecting the Association can be made.
6. EXTRAORDINARY GENERAL MEETING
An
Extraordinary General Meeting may be called, either by a majority vote by the
Executive Committee or by written request supported by at least ten paid-up
members. The Secretary will be required to post notice to members of the
Extraordinary General Meeting within two weeks of receiving written notice,
giving a minimum of two weeks notice of the meeting. As an alternative to an
Extraordinary General Meeting the Secretary may be requested to carry out a
postal ballot of members, within the same time scale.
7. FINANCIAL ASPECTS
i)
The
membership subscription is set at £10.00 (with effect from 1.1.93) and cannot be
changed except at an Annual General Meeting by a majority of the members
present, subject to Rule 5(vi).
ii)
The
subscription will be paid into a Bank/Building Society account bearing the
Association’s name.
iii)
The
Association’s Financial Year is from 1st January to 31st December.
iv)
The
payment of the subscription covers the period from 1st January to 31st
December, unless the member is new to the Association, when the subscription
covers the period up to the following 31st December.
v)
No
refund of subscription will be granted to members leaving the Association.
vi)
The
membership subscription of £10.00 will cover an individual owner of more than
one Holiday Home without limit.
vii)
For
a withdrawal of Association funds the signatures of any two of the three
elected officials must appear on the withdrawal form.
viii)
Any
withdrawal or withdrawals exceeding £250.00 in total during a Financial Year to
any individual, partnership or company must first be agreed by the Executive
Committee. This figure can periodically be increased by agreement of the
majority at an Annual General Meeting.
ix)
No
loan agreement or overdraft facility can be obtained on behalf of the
Association without first obtaining agreement at an Annual General Meeting.
8. LEGAL REPRESENTATION
No legal
action or representation may be taken on behalf of the Association without
first obtaining the agreement of the majority of paid-up members by postal and
/ or email ballot or alternatively by a majority of members in attendance at a
General Meeting subject to a minimum attendance at such General Meeting of 20
paid up members.
In
the event that a majority of the Executive Committee consider that there is a
requirement for, and a majority have voted to take, emergency legal action,
such action may be commenced subject to no more than £1,000 being incurred in
legal costs until the approval of the membership is obtained as in 8 (i) above.
9. DISCIPLINE
i)
Any
member who brings the Association into disrepute can be removed from the
Association by a majority of members at the next general meeting.
ii)
The
Association will not become involved in or fund any individual member legal
action against Freshwater East Park(Management) Limited unless it first be
agreed at a General Meeting that it would be beneficial for the Association to
do so.
10. ALTERATION TO RULES
Any alteration
to these Articles of Association shall require a Resolution passed by
two-thirds of voting paid-up members at an Annual General Meeting. Notice of
the proposed change must be given in writing by the Secretary to all members at
least two weeks before an Annual General Meeting.
11. TERMINATION OF THE ASSOCIATION
The
Association may be terminated and its affairs wound up, if required, by a vote
of at least two-thirds of the paid-up members. Notice of proposed termination
and voting would be by postal ballot. If termination were agreed then the
balance of the Association funds, after all liabilities had been met, would be
paid into a mutually acceptable charity.
Revised following agreement at the General Meeting of 11 April 2004