Friday, 16 January 2009 12:24

HLTC Constitution

Written by Donald Fullarton




1. The Club shall be called "The Helensburgh Lawn Tennis Club", and its purposes are to provide facilities for and promote the sport of tennis in Helensburgh and District and community participation in sport.


2. The membership shall consist of Honorary, Life, Senior, Intermediate, Junior, Mini, and Non-Playing Members. The number of Members in each category shall be left to the discretion of the Executive Committee.


3. (a) The names, designation, and addresses of all candidates for membership shall be intimated to the Membership Secretary. Candidates for Intermediate, Junior and Mini Membership shall give the date of their birth.
(b) No person shall be eligible for Mini Membership until they have reached the age of four years, and for Junior Membership until they have reached the age of eight years. Intermediate Membership shall commence at the age of 16 years, the Executive Committee having the power to lower this age on special application. The maximum age of an Intermediate Member shall be 20 years. Ages for the purpose of this Clause shall be determined as at 31st December prior to the playing season.
(c) Husbands, wives, brothers, sisters, sons and daughters of existing Senior members shall have priority of admission in all classes.


4. Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, discrimination, ethnicity, disability, nationality, sexual orientation, religion and other beliefs. However Membership may be limited according to available facilities on a non-discriminatory basis. The admission of all members shall be subject to a ballot of the Executive Committee. To secure election, candidates for Membership must receive, on a ballot, the votes of a majority of the Executive Committee present at the meeting when the ballot takes place. The Executive Committee will not refuse Membership or remove it unless there is good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made by members.


5. Members on admission shall receive intimation of their election, shall be furnished with a copy of the Constitution and Bye-Laws, and shall receive intimation of the amount of entry fee and subscription payable. Failing payment within 14 days from such intimation, the election shall be null and void, unless such failure shall, in the opinion of the Executive Committee, be inadvertent. On payment of entry fee and subscription, a Member thereby submits himself or herself to the Constitution and Bye-Laws of the Club, both as to restrictions enjoined and penalties imposed, and on these conditions alone is entitled to the advantages and privileges of the Club. No new member shall be absolved from the effect of the Constitution and Bye-Laws on any allegation of not having received a copy of them.


6. On admission, an entry fee of an amount determined by the Executive Committee shall be payable by Senior Members. This rule does not apply to Intermediate Members on election to Senior Membership.


7. Annual Subscriptions as fixed by the Executive Committee shall be payable by all members.


8. All Subscriptions shall be payable in advance, shall become due on the date of the Annual General Meeting, and must be paid not later than 31st March. If a Member joins the Club after lst October, he/she shall be liable to pay the Entry Fee, plus 50% of the current subscription. Intimation of Subscriptions falling due shall be given annually in the Notice calling the Annual General Meeting.


9. Any Member who fails to pay his/her Subscription by 30th April in each year shall be held in arrear, and, until it is paid, shall not be entitled to take part in any Club play or activities or to vote at any meeting of Members of the Club. Any Member whose Subscription is still unpaid at 15th May shall, in the option of the Executive Committee, cease to be a Member, but he/she shall notwithstanding be liable for all past contributions, including the subscription for the current year, and his/her name shall be posted in the Club House.


10. Senior Members, who have been Members for at least one year, may, on approval of the Executive Committee, compound for their Annual Subscription and become Life Members by a single payment of a sum equivalent to twelve times the Annual Subscription.


11. All Playing Members shall be eligible to represent the Club in League and Cup matches.


12. A Playing Member who through illness, temporary absence or other reasons wishes to discontinue as a Playing Member may, before the Annual General Meeting, apply in writing to become a Non-Playing Member, paying as such a reduced Annual Subscription as may be determined by the Executive Committee. Should a Non-Playing Member wish to play for a short period, he or she may do so for one period not exceeding 14 days in any one season without further payment, provided prior notice is given to the Secretary. Such Non-Playing Members may resume full Membership at any time upon paying the balance of the full Annual Subscription of a Playing Member.


13. Temporary Members may be admitted by the Executive Committee on the recommendation of two Senior Members. They shall have no vote and may only participate in Club events by permission of the Executive Committee. Applications must be made in writing to the Membership Secretary. The Subscriptions shall be determined by the Executive Committee per day, per week, per month for each class of Member, and the rates displayed on the Club Notice Board. Subscriptions must be paid prior to making use of the Courts.


14. A Member absent from Scotland during the whole of the year shall not be liable for the Annual Subscription for that year, provided that before the Annual General Meeting he or she intimates the intended absence, IN WRITING, to the Secretary, who shall place his or her name on the Absent Members' List.


15. Members wishing to withdraw from the Club must so intimate to the Secretary IN WRITING, before the date of the Annual General Meeting, otherwise they shall be liable for the Subscriptions for the following year. Members withdrawing from the Club, or who from any cause or in any way cease to be Members, shall have no claim upon the funds or property of the Club, or for repayment of any entry fee or Annual Subscription.


16. Any Member who has resigned from the Club shall only be re-admitted on repayment of entry fee.


17. Members may introduce visitors but such visitors MUST have their names entered in the Visitors' List by the Member introducing BEFORE PLAYING, or in the absence of the Member introducing, a letter must be sent to the Secretary intimating that the Member wishes to introduce a visitor (giving name) on a given date. Junior visitors may only play during the hours and on the Courts allotted to Juniors. No Member may introduce more than three visitors at the same time. Charges for visitors shall be determined by the Executive Committee and the rates displayed on the Club Notice Board; payment will be required at the start of the following season.


18. The Officebearers shall consist of the Honorary President, President, Vice-President, Secretary and Treasurer, who shall be elected at the Annual General Meeting, shall hold office for one year, and shall be eligible for re-election. Only one of the said Offices may be held by the same person.


19. The affairs of the Club shall be managed by the Executive Committee, which shall consist of the Officebearers, other than the Honorary President, and of the Conveners of Finance, Building and Grounds, Coaching, Social Events/Catering, Development, Junior, Communications and Tennis, who shall be elected at the Annual General Meeting, shall hold office for one year, and shall be eligible for re-election; five to form a quorum. Only one of the said Convenerships may be held by the same person.


20. One month prior to the date set for the Annual General Meeting the Executive Committee shall propose candidates for election as President, Vice-President, Secretary, Treasurer, Conveners of Finance, Building and Grounds, Coaching, Social Events/Catering, Development, Junior, Communications, and Tennis, their agreement to serve having been first obtained, and shall invite any other nominations by written intimation on the Club Notice Board, such nominations to be signed by at least two Members (as proposer and seconder respectively), having first obtained the candidate's agreement to serve, and lodged with the Secretary within 7 days. The names of all validly nominated candidates and their proposer and seconder shall be published in the Notice calling the Annual General Meeting. In the event of an election, the Executive Committee will give consideration to permitting votes by proxy in accordance with Clause 28 of this Constitution.


21. The Executive Committee shall, subject to the control of a General Meeting, exercised in terms of this Clause, be vested with the entire management of the Club, and shall have all powers necessary for the full and efficient conduct of its affairs, and shall keep, or cause to be kept, correct books and accounts, showing the financial affairs and intromissions of the Club.

The powers conferred on the Executive Committee by this Clause shall include the following special powers:- To fill vacancies that may occur in their number or amongst the Officebearers between Annual Meetings; to prescribe the duties of Officebearers, to appoint Sub-Committees from their own number or from the Members, or from both, to assist in the management; to prescribe the duties, name Conveners and fix quorums of such Sub-Committees; to fix dates, places, and manner of calling meetings of Members and Sub-Committees; to fix numbers of members of Sub-Committees; to admit Temporary Members; to nominate for election at the Annual General Meeting Honorary Vice-Presidents and Honorary Members for the succeeding year; to fix when the Courts each year shall open and close and the days and hours when play shall be allowed; to fix terms on which Intermediate, Junior Members, and/or visitors may use the Courts and Club premises; and to make all Bye-Laws which, in their opinion, may be necessary for regulating and administration and management of the Club. All Bye-Laws made and actions taken by the Executive Committee shall be binding on every Member until set aside or altered by a General Meeting of Members. Bye-Laws shall be sufficiently intimated to Members on the Club Notice Board.


22. The Secretary shall keep (a) a Roll of Members, and (b) a Minute Book in which shall be entered the Minutes of all meetings, including meetings of the Executive Committee and any Sub-Committees. The Secretary shall act as the official correspondent of the Club.


23. The Treasurer shall present to the Annual General Meeting a Statement of accounts for the preceding Financial year, which Accounts, before presentation to the meeting, must be examined by two Members of the Club or by a qualified Accountant appointed by the Executive Committee to examine same. All monies received by the Treasurer shall be lodged in the name of the Club in the Bank fixed by the Executive Committee and all cheques shall be signed by the Treasurer. It shall not be competent for the Treasurer or any other member delegated by the Treasurer to retain in hand a sum exceeding £250 at any one time. The Club shall have power to sue for Entry Fees and overdue Subscriptions.


24. The financial year shall run from lst January to 31st December.


25. The Annual General Meeting shall be held no later than 31st March in each year. At this meeting a Report by the Executive Committee and a Financial Statement for the preceding year, duly examined, shall be submitted, and any other competent business transacted. Notice of this meeting and a copy of the Financial Statement, as examined, shall be sent to each Member of the Club at least 14 days previous thereto.


26. Special General Meetings of Members may be called by direction of the President or on the requisition of four Members of the Executive Committee or of 25 Members of the Club. At least 14 days' notice of any such meeting shall be given. At all meetings of Members 20 shall form a quorum.


27. At Meetings of the Club the President, and at Meetings of the Sub-Committees the Convener, shall act as Chairman, whom failing, any Member appointed by the Meeting.


28. The Honorary President, Honorary Vice-Presidents, Honorary Members, Life Members, Senior Members and any other Member elected to serve on the Executive Committee only shall have a voice in the management of the Club, and each Member shall have one vote. If the Executive Committee be of the opinion that it is desirable on any important question to allow votes by proxy at any Meetings of the Club, they shall give intimation accordingly in the Notice of the Meeting, and in such case any Honorary, Life or Senior Member, or any other Member elected to serve on the Executive Committee, may give a proxy in writing to another Member of the Club to act in his/her stead at that Meeting.


29. At all meetings, subject to the provisions of Clauses 32 and 33, the voice of the majority shall prevail, the Chairman having, in addition to his/her deliberative vote, a casting vote in cases of equality.


30. The Trustees in whose names shall be vested the Club House and other property, heritable and movable, of the Club are:- The President, Secretary, and Treasurer, and their successors in office. The Trustees shall have no power to borrow money on the security of the Club property without the consent of the Members present at a General or Special General Meeting.


31. The Property, Effects and Monies of the Club shall belong to the Life and Senior Members during Membership equally; but the right and interest of every member shall be personal and limited to himself or herself, and shall expire with his or her Membership, and shall not be assignable or arrestable or pass to heirs or executors. All surplus income or profits shall be re-invested in the Club, and no surpluses or assets will be distributed to Members or third parties.


32. The Executive Committee shall have power, on a vote by ballot, by a majority of two-thirds of those voting, to suspend or expel any Member whose conduct appears to endanger the character, interest, or good order of the Club, or who acts in defiance of its Bye-Laws. Such offending Member may, if he or she desires, state his or her case to the Meeting before a vote is taken. At least 14 days before calling such Meeting the Secretary shall give notice in writing to the offending member to give him or her an opportunity of withdrawing from the Club.


33. The foregoing Clauses shall form the Constitution and shall not be altered unless by a majority of two-thirds personally or by proxy in writing at a meeting of Members specially called to revise the Constitution.


34. The Committee acknowledges discrimination exists in society and will ensure membership is open to all irrespective of gender, race, colour, creed, disability, religious belief or any other form of discrimination.


35. The Committee will have due regard to the law on child protection.


36. If Helensburgh Lawn Tennis Club is ever to be wound up, after the satisfaction of all debts and liabilities no surplus funds will be distributed to the Members. Any remaining assets shall be given to another registered CASC, a registered charity, or the sport's governing body for use by them in related community sports.


Revised constitution adopted at the 125th Annual General Meeting on March 25 2010.

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