Club By Laws
AYC Bylaws
ASPEN YACHT AYC 5/20/06 CONSTITUTION AND BY-LAWS ARTICLE I: NAME
The name of this organization is ASPEN YACHT Club, hereinafter referred to as AYC.
ARTICLE II: EMBLEM
The emblem is a white burgee with a dark green aspen leaf and the whole surrounded by dark green border.
ARTICLE III: PURPOSE
1. To promote the development of sailing
2. To promote and regulate class sailboat racing under uniform rules and in the spirit of good sportsmanship.
ARTICLE IV: JURISDICTION
1. The AYC shall have jurisdiction over all activities taking place at any premises owned or leased by the AYC, in full cooperation with the lessor if any, and its By-Laws and other Rules shall be binding upon all Members and their guest.
2. All yachts must conform to their own class rules when in competition.
ARTICLE V: MEMBERSHIP-(AMENDED 1/17/06, 5/20/06, 11/20/10)
1. Membership in the AYC shall consist of: Active and Honorary.
A. An active Member must either be either an owner or part-owner of a sailing boat or the bona fide lessee of a sailing boat holding title thereto under a written lease. Each Membership is required to donate 12 work hours to the AYC per season (W.I.P.-Work Incentive Program). Any Membership not completing W.I.P. hours will be assessed a $20.00/hour charge for each hour not completed. Slip/mooring holders are to donate an additional 12* W.I.P. work hours per slip, 3* W.I.P. hours per mooring to be in “good standing” status. (* Indicates that the Board of Directors may adjust the total number of slip/mooring W.I.P. hours required each year, as needed, by May 1.) If the slip/mooring holder loses their “good standing” status, they will be reassigned and required to move to a less desirable slip/mooring or lose their slip/mooring privileges if there is a slip/mooring waiting list. W.I.P hours will be recorded in a log book, maintained in the AYC Club House, on an honor system. Each Membership is responsible for recording their W.I.P. hours. A wide variety of qualifying task will be provided by the Board of Directors each year by May 1. (Amended 11/20/2010) He or she is privileged to hold office and to vote. This Membership shall be retained until the end of the calendar year.
B. An honorary Member may be elected on the recommendation of the Board of Directors by a majority vote of the AYC Membership. Honorary Members shall not be required to pay dues, but cannot hold office or vote. (Amended 11/20/2010)
2. All prospective Members shall submit a Membership application to the Board of Directors. Such prospective Members shall then be voted on by the Board of Directors. The Board of Directors may refuse Membership to an applicant.
3. Membership may be either individual or family. A family Membership shall consist of parent(s) and children under 21 only.
4. Applicants for Membership to the AYC shall not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, political affiliation, sexual orientation, disability or any other grounds prohibited by law. (Amended 11/20/2010)
5. After the Membership application is approved by the Board of Directors, the Member(s) will be notified via e-mail. (Amended 11/20/2010)
6. MEMBERS CONDUCT: (Amended 11/20/2010)
A. The Board of Directors shall have the responsibility to ensure that an acceptable level of conduct is maintained by the Members, their families, and guest, whether on or about the AYC premises or its sailing waters.
B. Conduct which is dishonest, unsportsmanlike, or offensive, or which is detrimental to the orderly functioning of the AYC, or which embarrasses or places an undue imposition upon the AYC or its Membership, whether or not specifically prohibited by the AYC Constitution and By-Laws, Rules, or Racing Rules, shall be taken under review by the Board of Directors, and upon a majority affirmative vote, any of the following actions may be taken:
1. A specific verbal warning may be communicated to the party by the Commodore or other designated AYC officer.
2. A specific written warning to the offending party may be communicated by the Commodore or other designated AYC officer. (E-mail communication acceptable)
3. In more serious cases, or after actions taken above have not been effective, the Board of Directors may certify in writing to the party the specific charges(s), setting a date and hour, and location for a hearing to be conducted before the Board of Directors and inviting the party to attend for the purpose of presenting his/her position, with supporting witnesses. After a complete hearing, the Board of Directors shall adjourn into closed session for the purpose the accuracy of the
charge(s). If a majority finds the charge(s) accurate, the following may occur:
a. Suspend Membership, family or guest privileges for a period up to thirty(30) days; or
b. Authorize “Termination of Membership” proceedings to the AYC Membership under ARTICLE V, Amendment 2 (Amended, 5/20/06).
4. Failure of the party to appear at the hearing shall not constitute cause to delay the hearing and may result in termination of Membership. A Member of the Board of Directors, when he or she has direct knowledge of the alleged complaint, shall be allowed to be heard as a witness.
C. MEMBERSHIP LIST, PROHIBITION TO NON-AYC USE-(Amended 11/20/2010)
A Member may not use any AYC Membership list, logo, or other records for commercial purposes or in any manner not related to AYC business. Use of the AYC Membership list, logo, or other records for the purpose of soliciting business or contributions, or for distributing advertising materials is prohibited without prior written approval by the AYC Board of Directors.
ARTICLE V: MEMBERSHIP-AMENDMENT 1. (Amended 1/17/06)
A. Active Memberships are limited to 85.
B. A new classification of Membership is created called “Non Boat Owning Member”. Non Boat Owning Memberships are limited to 15. Non Boat Owning Members pay all fees that any new Member would pay. If a Non Boat Owning Member were to buy a boat they would move up to the Active Membership classification. Non Boat Owning Members are given a maximum of two years in which to purchase a sailboat and move up to an Active Membership.
C. The 10 Memberships formerly called “family Memberships” in the Access Easement Agreement will be known as 10 Trophy Ranch Membership. Access and Honorary Memberships are in addition to Active and Non Boat Owning Memberships.
D. Membership policies are to be reviewed every two years.
ARTICLE V: MEMBERSHIP-AMENDMENT 2. (Amended 5/20/06)
Termination of Membership
Any Member accused in writing of breaking the Rules, Bylaws, nonpayment of dues and fees, or of misconduct damaging to the good name of the AYC or best interest of the AYC, shall be notified of such charges and details by the Commodore. What constitutes misconduct shall be determined by the Board of Directors without appeal. If charges are made against a Member of the Board of Directors, such accused shall have no right to be present during the consideration of charges, or to vote thereon. The Member will be given an opportunity to be heard, produce witnesses and evidence in his or her own behalf at a special meeting of the General Membership. Upon such hearing or upon failure of the Member to appear, the General Membership present will vote to terminate, suspend or take no action of said Member. The special meeting of the General Membership must be attended by 20% of the current Members, exclusive of the Board of Directors. A vote representing a 2/3 majority of the votes cast is required to take action. Upon mailing of a “notice of termination”, the former Member must remove all their belongings from the AYC premises within 15 days. After 15 days, the AYC has the right to reasonably dispose of any of the former Member’s property not removed from the AYC premises. If a Member is terminated for cause as determined by the General Membership, that Membership will receive a refund of paid dues equal to 1/12 of the dues paid times the remaining full months in the calendar year. No refund will be made of mooring or dock fees. Any money due to the AYC for expenses or cost incurred by the Member before termination will be first deducted from the fees to be refunded.
ARTICLE VI: DUES AND FEES-(Amended 11/20/2010)
1. The dues and fees may be amended by a recommendation of the Board of Directors. The Board must notify in writing each active Member of the pending change and of the general or special meeting at which the change will be voted upon. The change will be effected by 2/3 of the total votes cast at that meeting.
2. Dues and fees shall be paid in full prior to May 1st. Failure to pay dues and fees by May 1st shall require submittal of the appropriate fees to pay for a new Membership. Whereby the past Member may be reinstated upon acceptance and approval of their application by the Board. (Amended 11/20/2010)
3. Only Members and a reasonable number of invited guests may use the facilities of the AYC. A Member must be present with the invited guest(s). No business, service or any group parties will be allowed.
4. Bona Fide Members of reciprocating yacht clubs will be permitted complementary Membership privileges for a period not to exceed 3 days in any one season.
ARTICLE VII: MEETINGS
1. The AYC shall hold its annual meeting in the Fall for the purpose of electing officers for the ensuing year and hearing such other important business as may come up before the Board. Such meeting to be held at the time and place deemed by the Board to be most convenient for the majority of the Membership.
2. Board meetings will be held each month during the active sailing season (June-September) and other months when deemed necessary by the Board. Such meetings shall be announced by the Board of Directors and all Club Members are welcome to attend.
3. Notice of the Annual meeting and special meetings of the AYC shall be in writing and shall be sent to all Members currently in good standing.
ARTICLE VIII: OFFICERS AND DUTIES
1. The general Membership shall elect officers to serve for a term of one year at the Annual Meeting. In order to preserve continuity on the Board, other officers shall succeed each other as follows annually: Rear-Commodore becomes Vice-Commodore; Vice-Commodore becomes Commodore; Commodore retires but serves on the Board for one year ex-officio. A position of “Member At Large” shall be elected as an officer of the Board of Directors for a term of one year.
ARTICLE IX: OFFICER JOB DESCRIPTIONS
A. COMMODORE: Manage Yacht Club Activities; Appoint Race Committee Chairperson; Preside At Meetings; Administrate News Letter; Assist Other Officers In Their Duties.
B. VICE-COMMODORE: Act As Treasurer Of AYC; Attend All AYC Meetings; Collect And Record Annual Club Dues; Preside In The Absence Of The Commodore.
C. REAR-COMMODORE: Act As Secretary Of AYC; Attend All AYC Meetings; Assign Dock Slips (DOCKMASTER).
D. MEMBER AT LARGE: Attend All AYC Meetings And Board Meetings.
ARTICLE X: THE BOARD OF DIRECTORS AND DUTIES
1. Nominations and elections shall take place at the Annual Fall Meeting. Candidates elected shall take office immediately and serve through the following Annual Meeting.
2. Only Active Members shall be allowed to vote.
3. Votes must be cast in person at the Annual Meeting.
4. Upon the resignation of a Board Member, the remaining Board Members shall appoint a temporary replacement until the election.
ARTICLE XI: AMENDMENTS
1. Amendments to the By-Laws, Rules, Etc., may be made at any Meeting of the AYC upon a 2/3 majority vote cast by the Board. Written notice of the proposed change or amendment must be given to all Members at the time of notice of said Meeting.
2. The Board of Directors shall have the authority to amend or repeal these By- Laws and to adopt new By-Laws except that the Board shall not be authorized to change the Authorized Membership of the Board.
3. All changes in the By-Laws adopted by the Board of Directors may be repealed or amended by the General Membership at the Annual Meeting or at a Special Meeting called for that purpose and attended by 20% of the Current Members, exclusive of the Board of Directors, by a vote representing a 2/3 majority of the votes cast.
ARTICLE XII: RULES
A. RACING RULES
1. Racing rules will follow the USSAIL rules.
2. Skippers and crew Members will be required to wear U.S. Coast Guard approved personal floatation devices (PDF’s) while participating in any AYC race or boating event.
3. All Members will be responsible for observing and enforcing these Rules which may be appended hereto.
B. MARINA RULES
1. See Attached “Exhibit A”.
ARTICLE XIII: NON-PROFIT STATUS-(Amended 11/20/2010)
1. Compliance with Non-profit Requirements: It is the expresses and implied intent of AYC to qualify and maintain itself as a non-profit entity pursuant to § 501(c) (7) of the Internal Revenue Code.
2. Prohibited Acts: These By-Laws will be construed to prohibit any acts or courses of conduct by the AYC, its Officers, Members, or any person in the name of the AYC described below. And the following acts are hereby prohibited:
a. permitting any part of AYC’s net earnings, income, or assets to inure to the benefit of any Member, officer, or private individual;
b. carry on by the AYC, any Member, officer, or other individual, in the name of or on behalf of the AYC any propaganda or acts to influence legislation, or that constitutes intervention in political campaigns on behalf of or in opposition to any candidates;
c. The carrying on of unrelated trade or business except as a secondary purpose related to the AYC’s primary purposes;
d. Doing any act against the best interest of or in derogation of the fiduciary duties of the AYC to its Members or beneficiaries.
Exhibit “A” Marina Rules
1. No Dogs Allowed.
2. The upper gate will be closed at all time because the land is used as a horse pasture.
3. Take your trash home with you.
4. Members are expected to take an active part in maintaining the grounds:
a) Mowing the lawn
b) Watering the lawn
c) Clean the grounds and beach of trash
d) Clean the cabin
e) Raise and lower the flags morning and night
5. Open fires on the beach are confined to the constructed fire pit.
6. Camping for limited periods is permitted for active members and individual race competitors.
7. Camper or RV's are not to be left at the club when not in use.
8. The turn-around space at the boat ramp is to be kept clear when not in use.
9. Empty boat trailers must be left in the uppermost club lot.
10. All boat not currently in use must be stored in the uppermost parking area or by direction of the Dockmaster.
11. Boat slips and mooring buoys will be reserved for the entire season for the use of the member paying rent on them. Assignments will be at the direction of the Dockmaster.
12. All boats must have current registration and proper numbers displayed on the boat prior to launch.
13. The Club motorboat (Rescue Boat) is to be used for rescue or authorized club work only.
14. Guests must be accompanied by members.
15. No business or served club parties are allowed.
Work Day participants will receive incentive allocation. Members who cannot attend Work
16. Day can make it up by contacting the Rear Commodore and complete a work assignment, those not participate will be assess a corresponding amount.
17. No boat should be tied on the south (lake side) of the main docks or on the ramp side of the rigging dock.
18. The rigging dock is to be used for short-term tie op of member boats and long-term tie op of the Rescue Boat.
19. The use of motor bikes, scooter and similar vehicles is not permitted for recreational use.
20. The primary boat of all members shall be a sailboat. Second boats must be not motorized and shall no occupy dock space. The exception being rescue boats, committee boats and tenders.
21. All boats must be covered by liability insurance.