AS AMENDED 12/7/01 AND APPROVED

 

 

CENTERBOARD YACHT CLUB

 

BY-LAWS

 

ARTICLE I - NAME

 

This corporation shall be known as the CENTERBOARD YACHT CLUB, of the City of South Portland, Maine.

 

ARTICLE II - OBJECT

 

The object of this club shall be to encourage the sport of yachting, to promote the science of seamanship, navigation, and small boat handling, to maintain a suitable Clubhouse and Anchorage for the recreation and pleasure of its members.

 

ARTICLE III - OFFICERS

 

The Officers shall be a Commodore, Vice-Commodore, Rear-Commodore, hereinafter known as the Flag Officers, Secretary and a Treasurer and all be members in good standing.

 

ARTICLE IV - DUTIES OF OFFICERS

 

1.     COMMODORE: It shall be the duty of the Commodore to command

              the squadron and, when sailing as a fleet, no boat

              shall leave the squadron without the consent of

              the Flagship, and all members; shall be subject to

              his/her lawful orders.

A.     The Commodore shall preside at all meetings of the Club

   and the Board of Trustees.

B.     The Commodore may call a special meeting of the Club at

   his/her pleasure or at the request of TEN

   Percent of the CURRENT MEMBERSHIP LIST, BOATING AND

   SOCIAL, OR THE BOARD OF TRUSTEES.

C.     The Commodore may appoint any additional officials, such as Fleet Captain, Fleet Surgeon, or Fleet Chaplain as he/she may deem advisable.

D.     The Commodore may appoint the chair and members of all standing committees and any special committees at his/her pleasure or at the request of the Board of Trustees.

E.     The Commodore is the senior ranking person belonging to

        Centerboard Yacht Club. He/she shall have overall

        responsibility for the administration and operation of the

        Club and all related activities. The Commodore will have

        the final authority on any decisions affecting Centerboard

        Yacht Club subject to review by the Board of Trustees.

 

 

2.     VICE-COMMODORE: It shall be the duty of the Vice-Commodore to

                   assist the Commodore in the discharge of

                   his/her duties and to officiate in his/her

                   absence, thereby assuming all of his/her

                   authority.

A.     The Vice Commodore shall take responsibility for day to

   day marine side operations including but not limited to

   maintenance and care of the floats while in water,

   launches and work boats, launch operators and operation

   and disposition of guest yachts and boats using member

   moorings within the Centerboard Yacht Club mooring area.

 

     B. The Vice Commodore will be in charge of member mooring

        registration and inspection and compliance with any and

        all applicable Federal, State and Local laws.

 

3.REAR-COMMODORE: It shall be the duty of the Rear-Commodore to

                  assist the Commodore and Vice-Commodore in the

                  discharge of their duties and to officiate in

                  their absence, thereby assuming all of the

                  Commodore’s authority.

A.     The Rear Commodore shall take responsibility for day to

   day shore side activities and requirements including but

   not limited to Club and property maintenance, work

   parties, Club rentals, ensuring utilities (fuel, gas,

   etc.) are maintained and assisting the House Committee and

   Entertainment Committee as requested.

 

4. SECRETARY: It shall be the duty of the Secretary:

 

A.     To keep a true record of all the meetings for permanent record.

B.     To keep a current correct roll of all members for permanent record.

C.     To maintain a file of all-necessary documents, all Club

   records of meetings, By-laws, and membership records and

   have them available upon request.

D.     To attempt to notify all members in advance of all Club

   and Board of Trustee's meetings to be held.

     E. To have custody of the Club By-laws and records.

F. To coordinate and publish a monthly newsletter as well as

   other correspondence as directed by the Commodore and/or

   the Board of Trustees.

G. Will report to the Commodore.

 

 

5.  Treasurer – The Treasurer shall serve as the chief financial officer of the Club and its subsidiaries. The responsibilities of the

  Treasurer shall include the following:

  • Maintenance of complete financial records of the Club to include the operating accounts, investment accounts and the accounts of the Club’s subsidiaries all in accordance with generally accepted accounting principles.
  • Payment of all liabilities of the Club and its subsidiaries when due, including all salaries, invoices, taxes and notes payable.
  • Filing of all local, state and federal tax returns by their due dates (including any extensions).
  • Collection of all monies owed to the Club on a timely basis.
  • Oversight of registration of boats, trailers and other property of the club requiring registration or licensure.
  • Review of the adequacy of insurance coverage no less than annually
  • Reports to the Trustees as follows:
    1. At each Trustees meeting, the Treasurer shall provide a balance sheet of the Club’s assets and liabilities together with an income statement comparing the Club’s income and expenditures to the current year’s budget as approved by the Trustees. Similar information shall be provided at each membership meeting.
    2. At each Trustee’s meeting, the Treasurer shall provide a balance sheet of the Club’s subsidiary’s assets and liabilities together with an income statement comparing the Subsidiary’s income and expenditures to the current year’s budget as approved by that organization’s Board of Directors. Similar information shall be provided at each membership meeting.
    3. Annually, the Treasurer shall provide the trustees with an annual report summarizing the financial operations for of the Club and its subsidiary (ies) for the past fiscal year. This report and the underlying financial records may be reviewed by an outside accounting firm or an audit committee at the discretion of the Trustees.

 

The Treasurer shall report to the Commodore and shall also be a member of the finance committee or other committee, which oversees the investment of the Club’s funds. The Treasurer may, with concurrence of the Trustees, engage outside assistance in the performance of these duties.

 

 

ARTICLE V - POWERS AND DUTIES OF TRUSTEES

 

1.     There shall be a Board of Trustees which shall consist of the

   Flag Officers, Secretary, Treasurer, the Immediate Past

   Commodore and six other Club Members.

 

2.     The Board of Trustees shall organize within thirty days after

   the annual election and the Commodore shall be Chairman for

   the ensuing year.

 

  3. The Board of Trustees shall meet at least once a month.

 

  4. Seven members shall constitute a quorum.

 

  5. They shall have entire authority in the management of the

     Club and its affairs and finances, and shall have general

     control of all the Clubs property. All rights and powers

     connected therewith shall be vested in them.

 

  6. They shall make such "Rules" as they deem proper, respecting

     the use of the Club facilities; prescribe rules for the

     admission of strangers; and fix penalties for offenses

     against the rules. These Rules shall be posted on the

     Clubhouse Bulletin Board and sent to the membership yearly.

 

  7. They shall elect nominees to membership in the club as

     hereinafter provided. Such election must be at a regular

     meeting of the Board and two negative votes shall reject. No

     rejected candidate shall be eligible to membership within one

     year after rejection.

 

  8. They shall have the power to remit the dues of any member

     who, in their opinion, has rendered sufficient service to

     warrant the same and to make them a Life Member.

 

  9. Upon receipt of a petition signed by at least 10% of the

     members of the club and delivered to the Secretary at least

     10 days in advance of a regular meeting, any action taken by

     the Board of Trustees may be rescinded by the two-thirds vote

     of members at such meeting with a minimum of sixty members in

     attendance.

 

 

  10. The Board of Trustees shall have the financial records of

      the Club reviewed no less than annually.

 

  11. All appropriations of Club funds shall be approved by the

      Board of Trustees based on the annual budget.

 

  12. All revenue from initiation fees, late payment fees and

      membership application fees shall be retained in the  

      Contingency funds to be used for Capital Improvement as seen

      fit by the Board of Trustees.

 

 

ARTICLE VI - NOMINATING COMMITTEE

 

1.     There shall be a Nominating Committee consisting of three

   Club members who shall be elected at the regular September

   meeting.

 

2.     This committee shall nominate candidates for all elective

   offices to be filled at the next annual meeting and shall

   post the names of such candidates on the Clubhouse bulletin

   board and placed in the Centerboarder at least four

   weeks prior to the annual meeting.

 

3.     Any ten members in good standing may nominate candidates for any office by posting the names of such candidates on the Clubhouse bulletin board and notify the club membership by mail at least two weeks prior to the annual meeting. Such nominations shall be subscribed by the members nominated.

 

ARTICLE VII - STANDING COMMITTEE

 

1.    The standing committees shall be a Membership Committee,

   House Committee, Race Committee, Mooring Committee,

   Entertainment Committee, Finance Committee, and Launch

   Committee. They shall be appointed annually by the commodore,

   with the approval of the Board of Trustees, at the first

   regular meeting after the annual election. Each Committee

   will consist of a minimum of three members. Each committee

   shall perform all duties as assigned by the Board of

   Trustees, including those outlined below.

 

A.     The Membership Committee shall investigate and pass upon

   the qualifications of all candidates for membership and

   report their conclusions to the Board of Trustees.

 

B.     The House Committee shall work under the jurisdiction of

   the Rear Commodore and shall be responsible for the

   maintenance of the Clubhouse, sheds and grounds, including

   activities associated with their use and to purchase and

   maintain adequate supply inventory necessary to carry out

   this function.

 

C.     The Race Committee shall receive entries for all races and

   have the direction and control of all races.

 

D.     The Mooring Committee shall designate the location of all

   moorings within the Club Anchorage, post all current

   Harbor Regulations pertaining to moorings on the Clubhouse

   Bulletin Board and notify members of any changes to the

   regulations. It shall keep all mooring applications,

   inspection reports and any other material provided to or

   received from Federal State and Local authorities for all

   Boating Members of the Club. All applications and Fees for

   mooring registration shall be paid to the Club. The

   Mooring Committee shall report to the Vice Commodore.

 

E.     The Entertainment Committee shall provide and take charge

   of all entertainment hosted by this committee.

 

F.     The Finance Committee shall oversee the investment of the

Building, Contingency and any other Restricted Funds. They shall make a report monthly to the Board of Trustees for Board approval on the activity of these accounts, or until the Funds are discharged for the acquisition of the property. One member shall be elected annually at the first meeting of the new Board of Trustees and serve for a three (3) year term.  The Finance committee shall be overseen by the Board of Trustees.

G.     The Launch Committee shall oversee the maintenance and

   repair of the Club Launches.

 

ARTICLE VIII - ELECTIONS

 

1.     The Flag Officers, Secretary and Treasurer shall be elected

   at the annual meeting of the Club and shall hold office for

   one year or until their successors are elected.

 

2.     At each annual meeting there shall be elected two members of

   the Board of Trustees who shall hold office for three years

   or until their successors have been elected.

 

3.     A majority of the votes cast at the annual Club meeting shall

   be necessary to elect the Flag Officers, Secretary, Treasurer

   and the two Board of Trustees.

 

4.     All vacancies in elected offices shall be filled by the Board

   of Trustees.

 

ARTICLE IX - MEMBERSHIP, DUES AND ASSESSMENTS

 

1.     The club shall be composed of four categories of membership;

     "BOAT OWNER", "SOCIAL" and "LIFE" shall have voting privilege

      and "HONORARY".

A.     "BOAT OWNER" membership is limited to available

    mooring space with a maximum of 130 members who are

    entitled to full use of all facilities.

B.     "SOCIAL" membership total shall not exceed 46 members

    who are restricted from using the floats and launch

    operations.

C.     "LIFE" members shall be those persons who have

    distinguished themselves as members in good standing

    who have rendered this Club important services and

    benefits, and are entitled to full use of all

    facilities.

D.     "HONORARY" members shall be those persons who have

    distinguished themselves in the encouragement of

    yachting or have rendered this Club important

    services and benefits, or whom for other reasons the

    Club may see fit to honor. "HONORARY" members are

    restricted from using the floats and launch

    operations.

 

2.     Each candidate for membership must complete a CYC membership

   application which is signed by two members in good standing.

   Completed applications along with the application fee must be

   sent to the Treasurer, who will immediately notify the

   membership chairman.

 

3.     Upon notification of the Board of Trustee's approval of

   membership, admission to CYC shall be contingent upon receipt

   by the Treasurer of all dues and fees within ten (10) days.

   New members dues and assessments will be for the fiscal year

   begun November 1.

 

New Member Initiation Fees

"BOAT OWNER”  $ 250.00

"SOCIAL”      $  35.00

 

"SOCIAL" membership initiation fees are not transferable toward "BOAT OWNER" membership fees.

 

4.     "LIFE" and "HONORARY” members shall be appointed by the Board

    of Trustees and sha11 pay no dues.

 

5.     The right to hold office of Commodore, Vice Commodore or Rear

   Commodore shall be restricted to "BOAT OWNER" and "LIFE"

   members who are boat owners at the time of their election.

 

6.     The membership of each legally married member shall be deemed

     to be held jointly by the member and his/her spouse and each

     deemed to be full members of the Club, unless such members

     indicate in writing (signed by both) to the Secretary that

     one of them wishes to hold membership in their name alone.

    

Each jointly held membership shall be counted as a single

     membership for the purpose of determining membership limits,

     quorum determination and limited to a single vote.

 

Either spouse in a jointly held membership, but not both at

the same time, may serve as a Flag Officer or Trustee.

 

7.     Membership to CYC is personal to each member and is not

   transferable or assignable with the single exception that at

   the time of the death of a spouse in a couple holding a

   membership jointly, that membership shall automatically

   transfer to the surviving spouse if he/she elects to continue

   that membership.

 

8.     At the time of divorce or dissolution of marriage or the

   separation of a couple holding a membership jointly, the

   members must decide between themselves or obtain a Court

   Order stating in whose name the single membership will

   continue and file with the Secretary a designation, signed by

   both members of the former couple, stating which person

   shall continue to maintain the membership. Failure to file a

   designation within a reasonable time will result in a review

   by the Board of Trustee of such membership.

 

9.     Any member in good standing who resigns in writing and within

   ten (10) years reapplies for membership, may be provided a

   priority consideration, no initiation fee shall be required,

   and such member shall receive credit for any prior Building

   Fund Assessments which such member can demonstrate he/she has

   paid.

 

DUES AND ASSESSMENTS

 

10.                       All dues and assessments shall be for the fiscal year

   commencing November 1, and shall be calculated according to

   the following schedule.

    

A.     Annual operating fund dues for "BOAT OWNER" members will

   be determined after the adoption of an annual budget,

   prepared by the Board of Trustees before February 1.

 

B.     Annual operating fund dues for "Social" members shall be

determined by the Board of Trustees annually.

 

C.     Building fund assessments are restricted for the improvement, repair and mortgage expense of land and building and shall be separately maintained.

   All withdrawals must be approved at a meeting of the Board

   of Trustees. Building fund assessements shall be as

   follows:

 

·         Two Hundred Dollars ($200.00) annually for "BOAT OWNERS",

   paid the first five (5) years of such membership. If

   member changes to social member, said member

   reserves the right to continue to pay the Two Hundred

   Dollars ($200.00) annually to complete the five (5) year

   term.

·         Twenty Five Dollars ($25.00) annually for each "SOCIAL"