- The name of the Association shall be the "Morgan Creek Homeowners' Association"
-- hereafter referred to as "the Association".
- The Association purpose shall be to assist in preserving and/or improving the quality of life and
to coordinate services desired in the community. The objects of the Association shall be:
- To constitute a forum for communication, information sharing and
problem solving among members of the Association.
- To communicate to the City of Surrey, the province of British Columbia and other bodies on behalf of the members.
- To coordinate meetings for the purpose of informing members, gathering opinions from members or presenting information
to interested parties.
- To coordinate and sponsor social events for enjoyment of members and their guests -and in addition to raise funds
to support the activities of the Association.
- To assist members in the resolution of issues of common concern, which arise in the community.
- To initiate and coordinate activities, which enhance the beauty and the quality of life in the community.
- To communicate with members regarding activities or the Association or events in the community.
- The purposes of the Association shall be carried out without purpose of monetary gain other than to improve services to the members
- In the event of dissolution of the Associate, the funds and assets remaining shall be given to an organization
as determined by the Directors of the Association provided that such ------ organization has purposes consistent
with the improvement of the community.
- Interpretation
- In these Bylaws, unless the context requires otherwise:
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"Association" means the Morgan Creek Homeowners' Association.
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"Province" means the Province of British Columbia.
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"City" means the City of Surrey.
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"Member" means a member of the Association.
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"General Meeting" means a meeting of members of the Association.
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"Board" means the Board of Directors of the Association.
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"Director" means a person selected to serve as a member of the Board pursuant to these Bylaws.
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"Majority" means more than one half (1/2) of the total number of votes, excluding abstentions, cast on a motion.
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"Community" means the Morgan Creek community as defined on the City plan bounded by 40th and 32nd Avenues and 156th to 164th Streets.
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"Resolution" means:
- A resolution adopted by Members of the Association by a majority vote during a general meeting or:
- A resolution adopted by a majority vote in a mail ballot.
- Membership
- A member is a person owning a home in the Community.
- Each home may be represented by up to two (2) members.
- A member may cast a vote on business of the Association and may be appointed or elected to the Board.
- A member may attend and speak at general meetings of the Association.
- Membership in the Association shall cease upon failure to pay dues, as levied by the Association or
upon no longer owning a home in the community.
- Meetings of the Members
- Meetings of the members shall be called General Meetings and shall be held at times and places as the Board determines.
- General Meetings shall include Annual General Meetings and Special General Meetings.
- The Annual General Meeting shall be held once in every calendar year.
- A Special General Meeting may be called by the Board at its discretion or if the Board
receives a petition signed by more than 20% of the members, requesting a meeting.
- Notice of a General Meeting shall specify the place, date and time of the meeting and the nature of the business to be transacted.
- Any member may, in writing, submit a resolution for consideration at a General Meeting.
- Each member, maximum of two per home, may attend, participate and vote on business at a General Meeting.
- A proxy vote may be exercised by a member on behalf of another member who has assigned, in writing, his or
her vote to be exercised at the General Meeting for which it has been given.
- A quorum during a General Meeting shall represent at least twenty-five members or 40% of eligible members, whichever is the lesser.
- Board of Directors
- The board shall be the governing body of the Association and may exercise such powers on behalf of the
Association or may delegate its duties to a Committee.
- Each Director shall be required to act in the best interests of the Association, shall not participate in decisions of the Board if there is a
conflict of interest and shall not be remunerated for being or acting as a director.
- The Board shall be compose of up to twelve (12) members including officers of the Board (Chair, Past-Chair, Vice-Chair and Secretary) and one
(1) each from Morgan Creek Golf Course Men's and Ladies league.
- A member of the Board must be a member of the Association, shall be appointed or elected with such terms of office commencing and ending upon
the adjournment of the respective Annual Meeting.
- A member of the Board shall cease to be a Director upon ceasing to be a member of the Association, submitting a written resignation from the
Directors position, being removed from the Directors position at a General Meeting or being absent from Board meetings for reasons the
Board finds unacceptable.
- There shall be at least six regular meetings of the Board in each year at the call for the Chair and at times deemed suitable to the Directors.
- The Board shall be entitled to establish and appoint Standing and Ad Hoc Committees, as the Board deems necessary.
- Fiscal Year
The fiscal year shall commence on the first day of January and end of the last day of December of the following year .
- Indemnification
In consideration for a person acting as a Director of the Association, such Directors are indemnified against all costs, charges and expenses, including any
amount paid to settle an action which they are made a party by reason of being a Director if:
- The Director acted in good faith in the best interests of the Association.
- The Director had reasonable grounds for believing their conduct was lawful.
- Rules of Order
The rules contained in the current edition of Roberts Rules of Order shall govern the Association unless inconsistent with these Bylaws. The Presiding Officer
may suspend formal rules of debate to facilitate debate and decision-making.
- Amending the Bylaws
These Bylaws may be amended by a special resolution at a General Meeting.