Chabot Swim Club Dive into the fun!

 

CHABOT SWIM CLUB BY- LAWS

ARTICLE  I: NAME

 

 

      Section 1.  The corporate name of this corporation shall be CHABOT SWIM CLUB.

 

ARTICLE  II: PURPOSE

 

 

      Section 1.  The purpose of this corporation is to acquire, operate and maintain a swimming pool and attendant facilities, including a wading pool and other recreational facilities for the use of the members of the corporation, their families and guests.  To accomplish this purpose the corporation shall have the power to own, lease, mortgage or sell real and personal property.  This club is not organized for business purposes nor pecuniary profit, and no part of the net earnings thereof shall inure to the benefit of any member or individual, but shall inure exclusively to the benefit of the club.

 

 

ARTICLE  III: BOARD OF DIRECTORS

 

 

      Section 1.  The Board of Directors shall consist of seven members elected by and from the membership and by secret ballot if requested by one member.  The Board of Directors shall elect from their number the following officers:  a President, a Vice-President, a Secretary, and a Treasurer.

      Section 2.  The Directors shall serve for regular terms of one (1) year beginning November 1st of each year.  No person shall hold the same office for a period longer than two (2) consecutive years.

      Section 3.  Prior to the expiration of their terms, the outgoing Board of Directors shall elect three of their number to serve a second term, one in the capacity of President and the two others to be placed in positions by the new Board of Directors.

      Section 4.  An election of four Directors shall take place at the regular annual meeting of the members of the corporation to be held in October of each successive year.

      Section 5.  In the event more than four members are nominated as Directors, then the four receiving the highest number of votes shall be elected as Directors.

      Section 6.  In the event a vacancy shall occur on the Board of Directors for any reason other than the expiration of a regular term, then such vacancy or vacancies shall be filled by the Directors from the members of the Corporation.  The person selected shall hold office until the expiration of the then current term.

      Section 7.  No member may be nominated for election to office unless he is present at the meeting or his consent has been obtained prior to said meeting.

      Section 8.  The Board of Directors shall exercise the following powers:

  1. To exercise all corporate powers of the corporation.
  2. To call special meetings of the Directors or the members.
  3. To appoint from time to time such committees as it may deem necessary to enhance the general welfare of the Club.
  4. To enter into such contracts and obligations, as it shall in its discretion deem necessary to accomplish the purpose of this corporation.
  5. To amend these By-Laws as necessary subject to the power of the members to change or repeal them.

 

ARTICLE  IV: OFFICERS

 

 

      Section 1.  The officers of this Corporation shall consist of a President, Vice-President, Secretary, Treasurer, and such officers as the membership from time to time may determine.  All officers of the corporation must be members in good standing and the four (4) primary officers above mentioned must be members of the Board of Directors.  Each said officer shall have the authority and duties customarily associated with his office, together with such other duties as shall be delegated to or placed upon him by the membership.

      Section 2.  The President shall preside over all meetings of the Corporation and Board of Directors, shall sign all contracts and other instruments, which have been first approved by the Board of Directors and, subject to the will of the membership, generally direct the affairs of the corporation.

      Section 3.  The Vice-President, in the absence or inability of the President to act, shall exercise all the authority and perform all duties granted to or enjoined upon the President by law, or by these by-laws.

      Section 4.  The secretary shall keep a record of all proceedings of the Board of Directors and of the membership, shall serve all notices required by law or by these By-Laws, shall maintain a membership book containing the names and addresses of the members and the termination or transfer of any membership, shall sign all contracts and other instruments as designated by the Board of Directors, and perform such duties as are usually performed by secretaries of like corporations.

      Section 5.  The Treasurer shall keep a proper record of all financial transactions of the corporation; shall be the custodian of the funds of the corporation, and shall effect payments of all obligations of the corporation which have been approved by the Board of Directors; shall sign all checks, together with the President or Vice-President; shall make a report of the Corporation's financial standing at each regular meeting, and submit his report in writing to the Secretary to be entered into the minutes; shall cause the books of the corporation to be audited once annually in a manner set forth by the Board of Directors; shall keep a list of all property belonging to the corporation and shall be custodian of all tax papers, insurance papers, licenses, permits and other papers belonging to the corporation and shall file all corporation tax data and returns with the proper authorities.

 

 

ARTICLE  V: MEETINGS

 

 

      Section 1.  A regular annual meeting of the members of the corporation shall be held during the month of October of each calendar year, at such date, hour and place as shall be designated by the Board of Directors, written notice of said meeting shall be given to the membership by the Secretary at least seven (7) days prior.

      Section 2.  Special meetings of the membership may be called by the President or the Board of Directors.  The President shall call a special meeting upon the written request to the President of at least ten (10) percent of the members in good standing.  A special meeting must be called by the President within two (2) weeks after he has received proper written request.  This written request shall set forth the purpose of said meeting and only such matters as are referred to in the request shall be considered at the special meeting.  Written notice of the time and place and purpose of the special meeting shall be given to the membership at least seven (7) days prior to the meeting.

      Section 3.  Not less than ten percent (10%) of the membership in good standing shall constitute a quorum at any meeting of the members, and in the absence of a quorum the meeting shall have no authority except to adjourn until such time as may be deemed by the members present.

      Section 4.  Meetings of the Board of Directors shall be held at least twice each year on the call of the President and he shall call such meetings upon the request of any three (3) Directors.  Written notice of any meeting shall be given to each Director by the Secretary at least seven (7) days prior to the date set for the meeting.

      Section 5.  A majority of the members of the Board of Directors shall constitute a quorum for the purpose of any Director's meeting, and if less than a quorum is present the meeting shall have no authority except to adjourn until such time as the Directors present may deem proper.

 

 

ARTICLE  VI: MEMBERS

 

 

      Section 1.  This corporation may be composed of a membership not to exceed two hundred and twenty (220) families.  All applicants for membership must be approved by a majority of the Board of Directors.  A membership may be owned jointly by husband and wife and all rights and benefits of a membership shall accrue to the immediate family.  The price of each family membership is hereby set at Five Hundred Dollars ($500).

      Section 2.  Each membership shall have one (1) vote.

      Section 3.  A membership in good standing is defined as one that is current with all Corporation obligations.

      Section 4.  Membership shall not be subject to attachment and shall not be an asset to the debtor in the event of bankruptcy or assignment of creditors.  Upon any of the foregoing conditions, or any other involuntary transfer, membership shall automatically revert to the corporation, and the former member, his heirs or assignees shall have no right, title or interest therein.  However, in the event of the foregoing, the corporation shall, at such time as it replaces the affected membership, reimburse the member an amount equal to the original cost of said membership less any delinquent dues or assessments.

      Section 5.  No membership shall be sold until it has first been offered for sale to the corporation at its original price.  For this purpose, the corporation shall have a thirty (30) day option commencing upon receipt of written notification of intended sale.  Should the corporation fail to exercise said option, the member is free to sell his membership to any person subject to the approval of the Board of Directors.

      Section 6.  In the event a member sells his house, he may sell his membership in the corporation directly to the purchaser of the house, subject to the approval of the proposed new member by a majority of the Board of Directors.

      Section 7.  Upon the death of a member, his membership shall automatically revert to the corporation and shall not become an asset of the estate.  Nevertheless, the corporation shall pay to the legal representative of the deceased at such time as the affected membership is replaced, a sum of money equal to the original cost of said membership less any delinquent dues or assessment.  In the case of a membership owned jointly by the husband and wife, the death of either spouse shall not prejudice the ownership of the surviving party.

      Section 8.  The Secretary will cause to be maintained a waiting list of applicants for membership.  The priority of the waiting list applications will normally conform to the date of application unless otherwise directed by the Board of Directors.

 

 

ARTICLE  VII: DUES AND ASSESSMENTS

 

 

      Section 1.  The dues for the holder of each membership certificate shall not exceed Seven Hundred Dollars ($700) per annum.

      Section 2.  Dues shall be payable annually in advance upon thirty (30) days prior written notice signed by the President and Treasurer of said corporation.  Provided, however, that as to any new memberships issued on a date other than that so fixed for payment by the Board of Directors of said corporation, payment shall be made in advance prior to the acceptance of said memberships.

      Section 3.  Any person who has subscribed to a membership shall be liable only to the extent of the dues and assessments levied.  Should such person so subscribed fail or refuse to pay such membership dues or assessments within the time prescribed by such membership dues or assessments within the time prescribed by these By-Laws, then in such event, such membership shall be subject to cancellation.  In the event of such cancellation, the corporation shall at such time as it replaces the affected membership, reimburse the member an amount equal to the original cost of said membership less any delinquent dues or assessments.

      Section 4.  Dues may be adjusted, assessments levied, and initiation fees changed only by a majority vote of a quorum of the regular members at any annual meeting or at any special meeting called for such purpose.

      Section 5.  Assessments as approved by the membership will be due and payable thirty (30) days after written notice has been mailed to the member.

      Section 6.  Each membership shall be assessed a non-refundable initiation fee of Seven Hundred Dollars ($700).

 

 

ARTICLE  VIII: PRIVILEGES

 

 

      Section 1.  The Board of Directors shall establish rules governing the participation by members.  The Board shall also determine whether or not guests of members may use the corporation's facilities and shall establish rules pertaining thereto, in accordance with the will of the membership.

      Section 2.  Each responsible person who is by virtue of these By-Laws authorized the use of the Club's facilities, will be furnished an identification card and swim suit insignia, either of which must be presented on demand to gain admittance to the Club's facilities.

 

 

ARTICLE  IX: CERTIFICATE OF MEMBERSHIP

 

 

      Section 1.  Each family membership shall be evidenced by a certificate bearing the signatures of the President and the Secretary and carrying the corporate seal of the corporation.

      Section 2.  The statements and conditions contained on the certificate of membership as approved by the Board of Directors is now and hereafter considered a part of these By-Laws.

 

 

ARTICLE  X: RESIGNATIONS, SUSPENSIONS  &  EXPULSIONS

 

 

      Section 1 Whenever a regular member shall have ceased to be the owner of a certificate of membership for any cause, he shall thereon cease to be a member of the corporation.

      Section 2.  Any member may be expelled by the Board of Directors of the Club for any act of misconduct deemed by the Board to be detrimental to the best interest of the organization; provided that the Board shall offer the subject member reasonable notice in writing and an opportunity to be heard before a membership meeting (or before the Board of Directors, if he prefers) before any action is taken.  In the event of such expulsion, the expelled member shall, at such time as the corporation replaces the membership, receive a sum of money equal to the original cost of the membership less any delinquent dues, assessments or damages incurred by the corporation as determined by the Treasurer.

      Section 3.  When the dues or other indebtedness of any member shall remain unpaid for a period of thirty (30) days, a written notice shall be sent to such delinquent member, and if such indebtedness has not been paid within thirty (30) days thereafter, then the membership of such delinquent member may be voided.  At such time as the corporation replaces the voided membership the former member will be reimbursed an amount equal to the original cost of his membership, less delinquent dues or indebtedness of said member.

      Section 4.  Any dues, assessments, charges or other indebtedness owning the corporation as a result of expulsion may be collected by an appropriate action of the law at any time after the same becomes due and payable and in any action to collect the same in the event of recovery, the corporation shall be entitled to recover all costs and expenses including a reasonable attorney's fee fixed by the court.

 

 

ARTICLE  XI: SEAL

 

 

      Section 1.  The Corporate Seal of the corporation shall consist of a circle having on its circumference the corporate name of the corporation as set forth in Article I and in the center thereof, the word “

California ” and the date of incorporation as indicated on the Articles of Incorporation.

      Section 2.  The Seal shall be affixed to all of the corporation's conveyances and other contracts, and all membership certificates.

 

 

ARTICLE  XII: DISSOLUTION

 

 

      Section 1.  Upon dissolution of the corporation or upon expiration of its Corporate Charter, if the same has not been renewed in accordance with the laws of the State of California, the board of Directors at the date of such dissolution shall, after paying or adequately providing for the debts and obligations of the corporation, divide all assets of the corporation equally among the members in good standing on that date.

      Section 2.  Should the corporation dispose of all of its properties and assets, then the same shall be dissolved under the General Corporation Law of the State of

California .

 

ARTICLE  XIII: AMENDMENTS

 

 

      Section 1.  These By-Laws may be adopted, amended or repealed at any regular membership meeting or at a duly called special meeting by a two-thirds (2/3) vote of the quorum present; provided that the motion for said adoption, amendment or repeal shall be made and seconded at a meeting held at least twenty (20) days prior to the meeting in which the proposed amendment or repeal is voted upon.  The motion for repeal or the amendment of the By-Laws shall be presented in writing and shall set forth the portion of the By-Laws to be so amended or repealed.

DOWNLOADABLE DOCUMENTS
 
Do you need to update your membership information? Click on the link below, fill out the form and email it to boardmembers@chabotswimclub.org
 
 
  •    
  •    
  •      
Powered by Wild Apricot Membership Software