Longview Yacht Club By-Laws
The following constitutes the By-Laws of the Longview Yacht Club, adopted on the 10th of February 1992, as an integrated composite of all previous By-Laws and amendments thereto:
ARTICLE I
Name of Corporation
The name of the corporation shall be the “LONGVIEW YACHT CLUB”.
ARTICLE II
Purpose
The purpose of the Longview Yacht Club is to encourage and promote recreational yachting, sailing and boating, the science of seamanship and navigation, and to provide and maintain suitable facilities for the use and recreation of its members, and to promote and encourage social relationships among its members.
ARTICLE III
Membership
1. Qualifications for Membership
Membership in the Longview Yacht Club shall be open to all persons over the age of 21 years who are invited to membership by two existing members in good standing and who, upon written secret ballot of the members, constituting a quorum at a regular or special meeting, receive the approval of 75% or more of those voting upon such admission to membership.
All applicants shall attend a regular meeting of the members and shall be introduced to the members present by at least one of his/her sponsors. Thereafter and prior to the next regular meeting, the names of all such applicants shall be published in the Longview Yacht Club Bulletin. During a regular meeting following such publication, and within 90 days thereof, at least one of the sponsors shall be present and shall describe and answer questions of members regarding the applicant sponsored by such sponsoring member.
As soon as convenient during said 90 days, each applicant shall be required to meet with the Vice Commodore and/or the membership review committee. Prior to the time that any applicant is considered for membership by vote of the members, the membership review committee shall report upon its meeting with the applicant, and make a recommendation as to the acceptability of the applicant into membership. Thereafter a vote shall be conducted as provided above. No applicant may be admitted to membership until the procedure provided for in this section has occurred.
2. Classes of Membership
There shall be five classes of membership designated as Class A (active member), B (associate member), C (family member), D (limited member), and E (surviving member), the rights, privileges and duties of whom are as follows:
(a) Active Members: Active members shall include individuals and their spouses, who own or possess a boat powered by an engine, motor, sail or a combination thereof. Active members shall be entitled to vote, to hold office and to fly the Longview Yacht Club pennant or burgee. Any active member who ceases to own or possess a boat as required herein may continue as an active member for twelve successive calendar months thereafter at which time such member shall become an associate member. An associate member, upon acquiring the ownership, use and/or possession of a boat shall become an active member.
(b) Associate Members: Associate members shall include individuals whose membership was changed from that of active member to associate member by reason of not having owned or possessed a boat for twelve months. Associate members shall be entitled to vote, but shall not be entitled to hold the office of Commodore, Vice-Commodore, or Rear-Commodore, nor shall they be entitled to fly the Longview Yacht Club pennant or burgee. Associate members shall be entitled to all other privileges and benefits of membership. Their membership may be converted to active members upon assuming the ownership and/or possession of a boat required of active members.
(c) Family Members: Family members shall include children of active, associate, limited or surviving members who are under the age of 21 years. Family members shall not be entitled to vote, to hold office or to fly the Longview Yacht Club pennant or burgee, nor shall they accrue seniority.
(d) Limited Members: Upon application by an active member in good standing who has been an active member for ten or more successive years, such member's status may be converted to that of a limited member. Limited members shall not be entitled to vote except for the election of officers; shall not be entitled to hold the office of Commodore, Vice-Commodore or Rear-Commodore; shall not be entitled to moorage of a boat or boathouse; and shall not be required to attend “work parties”, or pay assessments. Limited members shall be entitled to fly the Longview Yacht Club pennant or burgee on a boat owned or possessed by them.
(e) Surviving Members: Upon the death of an active member, associate member or limited member, the surviving spouse of such deceased member may elect to remain as an active, associate or limited member, or to become a surviving member. A surviving member shall not be entitled to vote or hold office, nor fly the Longview Yacht Club pennant or burgee, and shall be exempt from the payment of annual dues, assessments and work parties. A surviving member shall not be entitled to moor a boat or boathouse at the Longview Yacht Club. In the event of remarriage, a surviving member (if qualified) and the spouse of such surviving member shall receive the same membership classification.
3. Marriage of Single Member:
If an unmarried member of the Longview Yacht Club should become married, the spouse of such member shall become a member of the same classification as his or her spouse of the Longview Yacht Club without the necessity of making application therefore or payment of any amount to the Longview Yacht Club.
4. Dissolution of Marriage
In the event that the marriage of any active, associate or limited member is dissolved (divorce) only one of the spouses may retain membership in the Longview Yacht Club, and the Secretary of the Longview Yacht Club shall be notified as to which one shall retain such membership. The other spouse may make application for membership as provided in these By-Laws.
5. Resignation
Any member who desires to terminate his membership in good standing, must not be delinquent in dues, assessments or fees, and must notify the Secretary in writing of the intent to terminate. The membership will act on the request at the next regular meeting and notify the member in writing of the action taken.
6. Removal of Members
A member may be dropped, expelled and removed from membership for cause. A motion shall be made and passed at a regular meeting, specifying such cause, and calling for a secret ballot by mail of all active and associate members. If 60% of the ballots returned are for such expulsion, the member shall cease to be a member ten days after the mailing of a notice to such expelled member advising of such expulsion. If such member has boathouse and/or boat moored at the Longview Yacht Club, such member shall have thirty days for removal. Any advance payments of dues or moorage shall be prorated and returned to the removed member, less any indebtedness owing to the Longview Yacht Club. Membership of members may also be forfeited and the member removed from membership for delinquencies in payments as hereinafter specified in these By-Laws.
7. Seniority
The Secretary shall maintain a seniority list, identifying each member as to the date of application for membership and the date of approval.
(a) Only active members (Class A) and Associate Members (Class B) shall accrue seniority, and such accrual shall commence of the date of their application for membership.
(b) Limited members (Class D) and surviving members (Class E) shall not accrue seniority, but shall retain any seniority accrued during their term as active members. Upon becoming a limited or surviving member, such member's seniority status shall become fixed. If such member is restored to active member status, such member shall begin to accrue additional seniority on the date of such restoration.
(c) Any member who has terminated membership in good standing and whose membership is reinstated shall have, on the date of reinstatement, an accrual of seniority equal to that, which existed on the date of membership termination.
ARTICLE IV
Membership Fees, Dues and Assessments AND SENIORITY
1. Fees
(a) Initiation Fee: The initiation fee for membership in the Longview Yacht Club is the sum of $200.00, which sum is nonrefundable. The initiation fee shall be paid at the time that an application for membership is submitted.
(b) Maintenance Fee: An annual maintenance fee will be charged to each active and associate membership. The maintenance fee can be reduced to $0 by earning work party credits throughout the calendar year. The amount of the maintenance fee and the value of work party credits are as provided in the club rules. The House Committee Chairman or the Board of Directors for credit must approve any works done outside of a scheduled work party.
(c) Utility Fee: Each active and associate membership will be charged an equal share of the Club's utility expenses each billing period. The utility fee will be based on the Club's actual cost for electricity (decreased by the amount charged to moorage), water, sewer, trash removal, telephone, security and other surcharges as deemed appropriate by the Board of Directors.
(D) Late Fee: A delinquency charge of $25.00 or 10% whichever is greater, shall be assessed upon the late payment of any amounts that are billed to a member and not paid for thirty calendar days following the date of such billing.
2. Dues
Annual dues are to be paid in full prior to the commencement of the calendar year for which the dues are owed. Annual dues to be paid by members of the Longview Yacht Club shall be as follows:
(a) Active Members: $120.00 per year, which shall include membership for the spouse of the member and the family members of such member. New members shall pay prorated annual dues for the remainder of the year in which they are admitted to membership.
(b) Associate Members: $120.00 per year, which sum includes membership for the spouse of a member and the family members of such of such member.
(c) Family Members: No dues are required of family members.
(d) Limited Members: $120.00 per year, which sum includes membership for the spouse of a member and the family members of such member.
(e) Surviving Members: No dues are required of surviving members.
3. Assessments:
(a) Membership Certificates: Each member to whom a membership certificate is issued shall be required to pay to the Longview Yacht Club the following amounts:
(1) For members in good standing on January 1, 1992: $0
(2) For members admitted to membership or reinstated to membership after January 1, 1992: a sum equal to the amount of all assessments levied upon an active member (Class A) after January 1, 1992, and up until the date of application for membership reinstatement. Provided, however, that such amounts may be adjusted, by the Board of Directors, to take into account the then value of an assessment previously levied, and the depreciation in value of capital assets acquired as a result of such assessments. All adjustments shall be made on or before March 1 of every year, and the amount so determined shall continue until changed by the Board of Directors. Payment of such sums shall be in cash at the time of approval of membership or reinstatement, or upon such terms as shall be approved by the Board of Directors. All special assessments shall be paid within the time determined by the Board of Directors.
(b) Special Assessments: Upon recommendation of the Board of Directors of the Longview Yacht Club, after ten or more days written notice to members, and upon approval by a vote of two thirds of the members voting by secret ballot at a regular or special meeting of the members of the Longview Yacht Club, special assessments may be levied upon the members for the purpose of making capital improvements to the property of the Longview Yacht Club, effecting repairs thereto, or for expansion, enhancement, modification or improvement of such facilities. The amount of such assessments shall be added to the value of membership certificates held by members of the Longview Yacht Club. The terms of payment of such assessments shall be as determined by the Board of Directors of the Longview Yacht Club. Special assessments shall not include penalty assessments for failure of members to participate in work parties or to perform other obligations for which a penalty is attached for failure of performance. All special assessments shall be paid within the time determined by the Board of Directors.
4. Member Billings:
All amounts owing to the Longview Yacht Club by its members will be billed as follows:
(a) Frequency of billings: An itemized bill will be sent to each member at least twice each year in May and November. A more frequent billing cycle will be used if deemed appropriate by the Board of Directors.
(b) Time of payment: The amount billed to each member is due within 30 calendar days from the date of such billing. A bill is considered paid on the date that the payment is postmarked, if mailed to the Longview Yacht Club, or received by the Treasurer, if hand delivered, whichever is earlier.
(c) Delinquencies: Any member who fails to pay a member billing in full on or before the due date of such billing shall not be a member in good standing. A notice thereof shall be included with a statement that all delinquent amounts, including a late fee assessed per paragraph 1. (d). Above, must be paid within 30 additional days (existing paragraph 6.b.5)
5. Membership Certificates—Cost and Value
All members of the Longview Yacht Club, except family members, shall be issued a membership certificate evidencing their membership in the Longview Yacht Club. Such membership certificated shall be in a form approved by the Board of Directors, shall be signed by the Commodore, and shall state the class of membership and be numbered chronologically. Such membership certificate, so numbered, when surrendered and reissued shall bear the same number as when originally issued. No new membership certificates shall be issued at such time as the Secretary possesses surrendered membership certificates held for reissue to new members or reinstated members. In the case of a member who is married, only one such membership certificate shall be issued, and it shall specify, by name, which spouse is the designated member.
6. Membership Certificates—Termination of Membership and Sale of Membership Certificate:
(a) Voluntary Termination: Upon voluntary termination of membership, the membership certificate of such terminated member shall be surrendered to the Secretary and retained by the Secretary for resale to a new or reinstated member of the Longview Yacht Club. In the order of surrender, the Secretary until reissued to a new or reinstated member shall hold such membership certificates. Upon such reissue, such new or reinstated member therefore shall pay 60% of the price paid to the terminated member, and the Longview Yacht Club shall retain the remainder. Provided, however, that in the event that the terminated member is indebted to the Longview Yacht Club, the portion of the price payable to the terminated member shall be reduced by such indebtedness.
(b) Involuntary Termination: Upon involuntary termination of membership (removal or expulsion), the membership certificate of a removed or expelled member shall be cancelled and not reissued to a new or reinstated member. Upon such cancellation, the Longview Yacht Club shall pay to the designated member as shown on such membership certificate a sum equal to 60% of the amount established as the value thereof by the Board of Directors in accordance with this Article IV of these By-Laws. Provided, however, that in the event that the removed or expelled member is indebted to the Longview Yacht Club, the amount of such indebtedness shall be retained by the Longview Yacht Club and deducted from the amount paid to such former member. Payment under this section shall be made within ten days after expulsion or within ten days after the expelled member complies with Article III Section (2) Sub section (h) of the By-Laws, whichever is last to occur.
7. Seniority (NEW)
Seniority is a priority right to the location of open moorage for a boat, or the moorage location of a boathouse. Members having the highest seniority (longest membership in the LYC) shall have the highest level of location priority.
ARTICLE V.
Moorage and Boathouses
1. LOCATION (NEW)
The location of moorage space for the open moorage of boats and boathouses shall be based on seniority (subject to the size, depth and ability of a desired location to accommodate the boat or boathouse sought to be moored) or deemed by the board of directors that alternate assignments should be made for the best interest of the Yacht Club.
2. Rental of Space:
Subject to the availability of designated space, an active member shall be entitled to rent moorage space for a boathouse or a boat within the area of the Longview Yacht Club. The charge for such moorage shall be as follows:
(a) Moorage charges for boats: A boat assigned to an open moorage space shall be charged the moorage rate provided in the club rules for the maximum length of such boat. The maximum length of a boat includes permanently attached items such as bowsprits and swim steps.