Home By-Laws

By-Laws

Lake of the Woods Homeowners Association By-laws

These by-laws of May 12, 2021 are to supersede all previous issues of the by-laws and associated Special Resolutions of the Lake of the Woods Homeowners Association.

DEFINITIONS

In these by-laws unless there is something in the subject or context inconsistent therewith:

  • “Society” means Lake of the Woods Homeowners Association.
  • “Registrar” means the Registrar of Joint Stock Companies appointed under the Companies Act.
  • “Special Resolution” means a resolution to amend the By-laws passed by not less than ¾ (three-fourths) of such members in attendance at the meeting to discuss the Special Resolution.
  • “Resident” means any person living in a dwelling in Lake of the Woods Subdivision.
  • “Member” means a member LOWHA as determined by these by-laws as defined in Appendix ‘B’.
  • “General” meeting means any meeting of the members called in accordance with these by-laws other than an AGM.
  • “Mail” means email and /or regular mail.
  • “Fee(s)” means any fees as outlined by these by-laws.
  • “Common Areas” means:  LOW entrance way; LOWHA owned equipment/outbuildings located at Five Island Lake Park and Lake of the Woods Park; First Responder’s gate located on end of Silver Birch Drive.
  • “Fiscal Year” means the period from July 1 – June 30.
  • “Votes” mean a majority of the members of the society present at the meeting who cast their votes.

MEMBERSHIP

  1. Full members of the Society, in good standing, shall be entitled to attend any meeting of the Society and to hold any office. Each household will have up to two votes at any meeting. Membership in the Society shall not be transferable. The following shall be admitted to membership in the Society, and deemed to be in ‘good standing’.
  2. Any resident of Lake of the Woods subdivision as defined in Appendix ‘B’ who is 18 years of age or older, that contributes annually to the support of the Society by the payment of dues (one payment per household).
  3. No other formal admission to membership shall be required and the entry in the Register of Members by the Treasurer of the name and address of any individual shall constitute an admission to membership in the Society.
  4. Membership in the Society shall cease by notice in writing to the Society, he/she resigns, or if he/she ceases to qualify for membership in accordance with these
    by-laws.

MEETINGS AND VOTING

  1. The Annual General meeting of the Society shall be held within three (3) months after the end of each fiscal year.
  2. A special general meeting of the Society may be called by the Chair and shall be called by the Directors if requested in writing by five members of the Society.
  3. At least seven (7) days’ notice of a general meeting, specifying the place, day and hour of the meeting and, in the case of special business, the nature of such business shall be given to the members. The non-receipt of any notice by any member shall not invalidate the proceedings at any general meeting.
  4. At each Annual General Meeting of the Society the following items of business shall be dealt with:
  • Minutes of preceding general meeting.
  • Annual reports and financial statements including an auditor’s report.
  • General discussion of current calendar years’ planned activities and the assignment of a Team Leader for each planned activity. If a Team Leader does not come forward within 2 months of planned activity, the Board of Directors has the right to cancel such activity.
  • Appointment of an Auditor.
  • Election of executive and board members every two years or earlier if required.
  • Other business which may be proposed.
  1. No business shall be transacted at any general meeting of the Society unless as
    quorum of members is present at the commencement of such business. A quorum shall consist of a minimum of twenty (20) members with a minimum of three (3) Directors of which at least one Director is an Executive Officer.
  2. If within one half hour from the time appointed for the meeting, a quorum of members is not present, the meeting shall stand adjourned to such time and place as a majority of the voting members then present shall direct.
  3. The Chair, or in his/her absence, the Vice-Chair or in the absence of both of them, any member appointed from among those members present shall preside as chairperson at general meetings.
  4. At any general meeting, unless a poll is demanded by at least three members, a declaration by the chairperson that a resolution has been carried shall be sufficient evidence of the fact, without proof of the number or proportion of the members recorded in favour or against such resolution.
  5. If a poll is demanded, the same shall be taken in such a manner as the chairperson may prescribe and the result of such a pole shall be deemed to be the resolution of the society in general meeting.
  6. Every Full member present at a general meeting shall have one vote, up to a maximum of two per household.
  7. Meetings of the Board of Directors shall be held as often as the business of the Society may require and shall be called by the Chair. Notice of all other meetings, specifying the time and place shall be given either orally or in writing to each Director within a reasonable time before the meeting, but non-receipt of such notice by any Director shall not invalidate the proceedings at any meeting of the Board of Directors.
  8. No business shall be transacted at any general meeting of the Board of Directors unless more than one half of the Directors are present and which at least two members are Executive Officers at the commencement of such business. Decisions at Board of Directors meetings are to be based on a majority vote of more than fifty percent (50%) of those in attendance who passed their vote.

BOARD OF DIRECTORS

  1. The minimum number of Directors shall be five (5), four (4) Executive Officers, and the maximum of Directors shall be ten (10).
  2. Any member shall be eligible to be elected Director.
  3. The immediate Past Chair may be an Advisory Director.
  4. The members shall vote to fill the following positions at a General Meeting held for the purpose of representative selection: A Chair, a Vice-Chair, a Treasurer and a Secretary (can be a combined role).
  5. Following the meeting at which an election is held, a transition period of twenty-one (21) days shall occur. The then outgoing Chair may choose to assume the position of Advisory Director, for the purpose of providing continuity. All non re-elected Directors shall retire from office twenty-one (21) days after the election meeting. All Directors are eligible for re-election.
  6. In the event that a Director resigns his/her office or ceases to be a member of the Society, the Board of Directors may, through a favourable minimum vote of 60% of the remaining Board members, fill the vacancy created for the unexpired portion of the term, from the members of the Society.
  7. Advisory Director, which if vacated cannot be filled until the then current Chairperson moves into the role.
  8. Society members will be notified in writing within 60 days, when the Board of Directors fill positions as allowed in the preceding items.
  9. The Society may by special resolution, remove any Director before the expiration of the period of office and appoint another person in his/her place for the unexpired portion of the term of office.
  10. Directors who have, or could reasonably be seen to have a conflict of interest have a duty to declare this interest. The declaration should be made to the members;
    upon nomination, and if serving as a director, when the possibility of a conflict is realized.
  11. A conflict of interest does not prevent a member from serving as a director provided that he/she withdraws from the decision making on matters pertaining to that interest. The withdrawal should be recorded in the minutes.
  12. Directors and officers shall serve without remuneration and shall not receive any profit from their positions. However, a director or officer may be paid reasonable expenses incurred in the performance of his/her duties.

EXECUTIVE OFFICER DUTIES

  1. The management of the activities of the Society shall be vested in the Directors, who, in addition to the power and authorities by these by-laws or otherwise expressly conferred upon them, may exercise all such powers and do all such acts and things as may be exercised or done by the Society.
  2. The Board of Directors may establish and delegate any of their powers to committees consisting of such Directors, Society members or such persons as they think fit and may from time to time revoke such delegation. Any committee so formed shall in the exercise of the powers so delegated, conform to any regulation or direction that may be imposed upon it by the Directors.
  3. As these are volunteer positions, no remuneration shall be paid.
  4. The Chair shall:
  • Supervise the activities of the Society and shall perform such duties as may be assigned to him/her by the Board of Directors.
  • Manage and guide the overall operation of the Society.
  • Monitor adherence to the by-laws with respect to memberships meetings, conduct of business, execution of power and authority, auditing of accounts, etc.
  • Call for Chair Executive meetings and annual meetings and other general meetings as required and the election meeting at the end of is/her term of office.
  • Promote programs and activities that meet the goals of the Society.
  • Monitor the progress of the various activities by committees.
  • Ensure that an election meeting is held at least 3 weeks (but not more than 4 weeks) prior to the end of the term of office to ensure a smooth transition.
  • Signing authority on behalf of the Society.
  1. The Vice-Chair shall:
  • At the request of the Board, and subject to its directions, perform the duties of the Chair during the absence, illness or incapacity of the Chair or during such period as the Chair may request him/her to do so.
  • Perform the duties of the Chair in his/her absence, or at the request of the Chair.
  • In the preparation of meetings by booking a meeting room at a local facility and communicating the meeting information.
  • Monitor the progress of the various activity committees.
  • During the last three months of his/her term of office as Vice-Chair, actively pursue potential candidates to submit their names for election for the various positions that will be up for election.
  • At the end of the term of office of Vice-Chair, will assume the position of Chair, or in the event that he/she cannot commit to the new position, find candidates to run for the office of Chair at the next election meeting.
  • Signing authority on behalf of the Society.
  • Other duties as may be assigned or agreed to by the Executive Committee.
  1. The Secretary of the Society shall:
  • Keep minutes of the meetings of members and Directors and shall perform such other duties as may be assigned to him/her by the Board.
  • Handle all correspondence to and from the Society with appropriate Executive Committee signatures.
  • Introduce all correspondence at the executive meetings.
  • Take minutes at all meetings and distribute.
  • File with the Registry of Joint Stock Companies all appropriate documentation which includes but is not limited to:

(i) Balance Sheet and Statement of Income and Disbursements,
(ii) List of Directors as changes occur due to elections or appointments,
(iii) Copy of “Special Resolution” amendments to the by-laws,
(iv) Recognized Agent form.

  • Maintain custody of the seal of the Society, meeting minutes, records and books.
  1. The Treasurer shall:
  • Support in the collections of fees.
  • Receive all monies and issue monies for payment of authorized expenditures.
  • Report the state of the finances at all meetings.
  • Maintain the Society’s financial records and arrange for same to be provided to the selected Auditor for the annual preparation of the required financial statements and balance sheets for submission to the Registry of Joint Stock Companies.
  • Arrange with the Society’s bank to receive all bank correspondence.
  • Maintain the annual Registry of Members and make it available at all meetings and functions of the Society.
  • Signing Authority on behalf of the Society.
  1. A Committee Director shall:
  • Promote the goals of the Society.
  • Act as a source of information for residents pertaining to Board incentives.
  • Play the role of committee lead on activities.
  • Oversee and manage activities promoted by the Society.
  • Solicit volunteers to assist/and lead activities.
  • Act as liaison between volunteers and board Directors.
  • Work with other Directors to communicate information to community.
  • Other duties as may be assigned or agreed to by the Executive Committee.

FINANCE

  1. The following shall define fees:

Each Residential household shall pay an annual amount to be determined yearly at
the Annual General Meeting and to be used for general operating fees including administrative costs, liability and general insurance, common area maintenance fees
and project fees congruent with Society Goals found in Appendix ‘A’. Any changes in the annual amount payable are to be determined by the Executive Directors and approved by a special resolution.

  1. Membership dues must be paid prior to having voting privileges at the Annual General Meeting or any other general or election meetings held during the fiscal
    Non-payment in the fiscal year constitutes loss of good standing and loss of membership.
  2. The yearly membership fees for the ensuing fiscal year shall be established at the Annual General Meeting.
  3. New Residents will enjoy a complimentary membership and deemed to be in Good Standing for the balance of their first Fiscal year.
  4. The auditor of the Society shall be appointed annually by the members of the Society at the annual general meeting as recommended by the Board of Directors. The auditor shall not be a Director of the Society. On failure of the members to appoint the nomination, an alternate recommendation will be requested of those in attendance.
  5. The Society shall make a written report to the members as to the financial position of the Society and the report shall contain a Balance Sheet and Income Statement. The auditors shall make a written report to the members upon the Balance Sheet and Income Statement and, in every such report, he/she shall state whether, in his/her opinion, the Balance Sheet is a full and fair Balance Sheet containing the particulars required by the Society and properly drawn up so as to exhibit a true and correct view of the Society’s affairs. Such a report shall be read at the annual general meeting. A copy of the Balance Sheet, showing the general particulars of its liabilities and assets and a statement of its income and expenditure in the preceding year audited by the auditor, shall be filed with the Registrar within fourteen days after the annual general meeting in each year, as required by law.
  6. Any member may inspect the books and records of the Society, at a reasonable
    hour, within two days prior to the annual general meeting at the registered office
    of the Society.
  7. The borrowing powers of the Society may be exercised by special resolution of the members.
  8. Executive Officers are empowered to incur miscellaneous minor expenses up to $100.00 with verbal approval of one other Executive Officer.
  9. Contracts, deeds, bills of exchange and other instruments and documents may be executed on behalf of the Society by any two of the Chair or Vice-Chair or the Treasurer or otherwise as prescribed by resolution of the Board of Directors.

 REPEAL AND AMENDMENT OF BY-LAWS

  1. The Society has power to repeal or amend any of these by-laws by a special resolution passed in the manner prescribed by law

APPENDIX ‘A’

Society Goals

To enhance the quality of lifestyle enjoyed by the Society members through:

  • Communicating common interests with members of LOWHA, including communication with levels of government when deemed applicable by
    current Board Directors.
  • Promoting activities that provide social connection for members.
  • General maintenance of common areas used by members.
  • Other goals as declared through vote by members at general meetings

APPENDIX ‘B’

Area of Residency

Area of Residency for Full Membership Entitlement

Any homes/properties with addresses on:

  • Silver Birch Drive in its entirety
  • Five Island Road, from its start at Silver Birch Drive and up to and inclusive of
    239 Five Island Road
  • Woodland Crescent in its entirety
  • Noble Court in its entirety
  • Juniper Way in its entirety
  • Lake Place in its entirety
  • Island Lake Close in its entirety
  • Ashley Court in its entirety
  • Five Island Road from civic addresses 249-364 inclusive
  • Hawkins Drive in its entirety
  • Cambren Drive in its entirety

 

Comments are closed.

Close Search Window
↑