Introduction
- The Kanata Town Centre Community Association is neighbours coming together to:
- make Kanata a better place to live by
providing support to contributors aiming to enhance the cultural,
social and economic well-being of the community and the citizens of
Kanata;
- act as a public forum for the airing of
neighbourhood issues, ideas and suggestions;
- be one link between our elected officials
and the residents of the neighbourhood;
- encourage sound development planning
and;
- promote good citizenship and fellowship
among residents of the neighbourhood and city.
- This document is to be known as the
"Constitution of the Kanata Town Centre Community Association" dated
September, 2001 and supersedes any earlier documents. This constitution and
supporting by-laws take effect on October 1, 2001.
Interpretation
- The following definitions apply in this constitution and the
accompanying by-laws:
- "Association" shall mean the Kanata Town Centre Community
Association;
- "Community" and "neighbourhood" shall mean the
Kanata Town Centre community, being the lands bounded by Eagleson
Road, Campeau Drive, Terry Fox Drive and
Highway 417 (Queensway);
- "Corporate member" shall mean any corporation or business that
operates within the boundaries of the community and has paid up the
corporate member fee, as defined by the association's by-laws;
- "District" shall mean a group of homes within the neighbourhood,
so defined in the by-laws;
- "Guest" shall mean any person who is not a resident;
- "Honorary member" shall mean any adult person granted membership
for a specified period of time, including lifetime, by an approved
motion of the association;
- "Household" shall mean any self-contained residence, whether
detached, semi-detached or forming part of a multiple residential
structure situated in the community;
- "Member" shall mean a resident with a paid up membership in the
association as per the by-laws;
- "Owner(s)" shall mean the registered owner or owners of one or
more residences in the community;
- "Resident" shall mean any person dwelling within the community
who is over the legal age of majority;
- "Street representative" shall mean a member who represents homes
within a district;
- "Executive committee" shall be as defined in article 6(iii) of
this constitution;
- "Executive" shall mean a member of the executive committee.
Amendments
- Amendments to this constitution can be made by the two-thirds
approval of members voting at a general meeting or special general
meeting of the association. Amendments can only be entertained with
sufficient written notice as per the constitution and by-laws.
Association Year
- The association year and the fiscal year shall be from January 1
to December 31.
Government and Administration
- The association shall be governed by three institutions, each
having complementary duties, rights and obligations as per the
constitution and by-laws:
- The association in a general meeting - an assembly of a quorum
of members;
- The street representative - members who represent homes within a
district and;
- The executive committee - members who have been elected to
perform executive duties on behalf of the association.
Membership
- Any resident is entitled to become a member of the association on
payment of the annual membership fee as per the by-laws.
- Honorary members and corporate members may not vote.
- The membership fees for the following year shall be as fixed or
amended at a general meeting of the association.
- No member may transfer or assign their membership in the
association.
- Any member may attend with one vote per membership card per household at any general meeting or special
general meeting of the association.
Conduct of General Meetings
- The executive shall convene meetings of members known as "general
meetings". The day of the general meetings shall be set in a by-law.
- The time requirement for sufficient written notice shall be set in
a By-law. Sufficient written notice of the agenda for a general
meeting is deemed to have occurred when:
- the agenda has been briefly outlined, together with a short
explanation of the topic areas, time and meeting locations and;>
- presented in an advertisement in a local newspaper or presented in flyers delivered throughout the community.
- For general meetings a quorum, of members sufficient to conduct
the business of the association, shall be no less than 1% of the total
membership as of the meeting day, at least three of whom must be
executive officers.
- Parliamentary procedure, as far as possible, shall be followed at
all meetings of the association except where any procedure would be
inconsistent with this constitution and any by-law. meeting of the
association.
Special General Meetings
- Special general meetings of the association shall be held:
- where required by the executive or;
- where requested in writing to the secretary or president by at
least 10% of the association members.
- Special general meetings are to be held as soon as sufficient
written notice, as per the constitution and by-laws, can be executed.
- All by-laws and articles in the constitution referring to the
conduct of general meetings also apply to the conduct of special
general meetings.
Street Representatives
- Street representatives act as one link between members within
their district and the executive committee at a general or special
general meeting.
- Only members can be street representatives.
Executive Committee
- There shall be an executive committee whose primary function is to
administer, on behalf of the association to which it is fully
responsible and accountable, the day-to-day business of the
association.
- Only members can be officers of the association.
Election of the Officers of the
Association
- Election of officers shall be held during the November general
meeting.
- A nominating committee shall be appointed by the association in a
general meeting no later than the June general meeting. This
committee shall present a slate of eligible officers for election at
the September general meeting. The past-president shall normally be the
chair of the nominating committee.
- If no nomination, additional to the slate recommended by the
nominating committee is received at the November meeting, the slate
recommended by the nominating committee shall be declared elected by
acclamation and no vote shall be required.
- The candidates for executive office shall be elected by the
members entitled to vote at a general meeting called for that purpose.
- An officer may hold only one office at a time. An executive
officer should not hold the same office for more than three years. If
circumstances develop where there are no candidates for the
incumbent's position the executive officer may remain in the position
for the term of that executive.
- The newly elected executive committee shall take over the
direction and operation of the association on the first day of
December following the election.
- A vacancy occurs when an officer of the association ceases to be a
member or fails or refuses to carry out their duties reasonably or in
good faith. In such a case, a vacancy shall be declared. A member may
be nominated by the executive to fill the vacancy of any executive
office after notice has been given and confirmed at a general meeting
of the association.
By-Laws
- The association shall have by-laws, which shall define duties,
day-to-day operational procedures and any matter required by the
constitution to be in a ByLaw, to aid in the orderly conduct of
association business.
- Amendments to the by-laws require sufficient written notice and
the majority approval of members voting at a general meeting or
special general meeting.
- In situations where a conflict exists between a by-laws or parts
thereof, and this constitution, the constitution shall supersede such
a by-laws or parts thereof, and the by-laws or parts thereof, shall be
null and void.
- The Chair of the meeting does not vote, except in the event of a
tie vote where the Chair must cast the deciding vote.
Dissolution
- The association shall be dissolved only with the written consent
of two-thirds of members who joined the association at its last
official membership drive.
- Written notice of any proposal to dissolve the association setting
forth the reasons and the disposition to be made of the association's
assets, shall be mailed to every member at least ninety (90) days in
advance of any action taken.
- Upon dissolution of the association the assets shall be dedicated
to an appropriate agency with objectives as close as possible to that
of the association.
Impeachment
- Impeachment proceedings may be initiated against any member of the
executive.
- All special general meeting requirements will apply to the
impeachment meeting.
- No member being impeached or initiating the proceedings shall
chair the impeachment meeting. The meeting shall be chaired by a
neutral party.
- A vote of two-thirds or more of the members in attendance is
required to remove an officer from their position.
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