Constitution

  • 1. Name

    The Association will be known as the Filey Bay Owners Association.

  • 2. Objectives

    To promote and safeguard the interests of members and in particular:

    • 2.1 To ensure the ongoing success of the Bay through the delivery of an outstanding holiday experience for all visitors (whether owners or paying guests) ranging from the accommodation on offer, through to excellent quality eateries, leisure facilities, and grounds maintenance;
    • 2.2 To be a representative voice and provide a means to communicate with Essential Vivendi Ltd or their successors to ensure the successful management and operation of the site;
    • 2.3 To work with Essential Vivendi Ltd or their successors to ensure the requirements and rights laid down in the Lease are maintained;
    • 2.4 To work with Essential Vivendi Ltd or their successors to ensure that annual charges are fair, appropriate, proportionate and accurate;
    • 2.5 To ensure the association is independent from Essential Vivendi Ltd or their successors and its directors, employees and agents are excluded from joining it.

  • 3. Membership

    • 3.1 Admission to Membership

      Membership will be open to any person or persons who own a Holiday Home situated at The Bay, Filey except as detailed in (3.2) and (3.3) below. Membership will commence (provided the aforementioned condition is met) on registration of member details through the fileyowners.org website.

    • 3.2 Cessation of Membership

      Membership will cease for any of the following reasons:

      • 3.2.1 Sale of the Holiday Home so that the member has no property interest at The Bay, Filey.
      • 3.2.2 Conduct by a member which brings the Association into disrepute as determined by vote by the majority of those members at a General Meeting at which such conduct is considered as set out in 8.1) below.
      • 3.2.3 Non payment of membership fee.

    • 3.3 Exclusion from Admission to Membership

      Irrespective of a person’s ability to meet the terms of 3.1 above, no person will be admitted to membership who:

      • 3.3.1 is a director, shareholder or employee of Essential Vivendi Ltd or any organisation that takes on the site management role of The Bay, Filey.
      • 3.3.2 is a first, second or third generation relative by blood or marriage of any director, shareholder or employee of Essential Vivendi Ltd or any organisation that takes on the site management role of The Bay, Filey.
      • 3.3.3 derives more than 10% of his/her income, or is a director or shareholder of any organisation that derives more than 10% of its income from a business relationship of Essential Vivendi or any organisation that takes on the site management role of The Bay, Filey. 

  • 4. Association structure

    • 4.1 Elected Officials

      The elected officials of the Association will be the Chairman, Secretary and Treasurer. These posts will come up for re-election every two years at the relevant Annual General Meeting. The elected officials will not be entitled to any remuneration but will be permitted to reclaim reasonable expenses.

    • 4.2 Executive Committee

      An Executive Committee, which includes the three elected officials, and not less than one member and not exceeding five members will be formed at the Annual General Meeting. Membership of the Executive Committee will not be by election, and members may be co-opted to the Executive Committee skills at any general meeting provided there are vacancies on the basis that they represent different interests within the membership (for example type or size of property) or have legal or property management.

    • 4.3 Management

      • 4.3.1 The Chairman or a deputy/delegate appointed by the Executive Committee will chair all decision-making meetings of the Association and will represent the views and aims of the Association in any negotiations with Essential Vivendi Ltd or their successor and/or any other involved parties.
      • 4.3.2 The Secretary will be responsible for the day to day running of the Association, including provision of minutes, recruitment, booking of venues for meetings and general correspondence.
      • 4.3.3 The Treasurer will be responsible for the financial requirements of the Association and will keep the bank statements, books and cheque books, and also provide at each Association meeting an up to date account of the Association’s financial position.
      • 4.3.4 The Executive Committee will be provided with copies of any correspondence which the Secretary or Chairman may issue in the course of their duties. They will be responsible in putting forward names for election to the Association’s official positions. It is hoped that most nominations will be Executive Committee Members, but this is not a requirement.

  • 5. General Meetings

      • 5.1.1 The Association will hold two meetings each year, in May and November.
      • 5.1.2 At each meeting the Chairman and Secretary will present a report outlining their work since the previous meeting. The Treasurer will also present to the meeting an up to date assessment of the Association’s financial position.
      • 5.1.3 Only registered members may attend and vote at these meetings. However, provided it is agreed before the meeting a registered member may instruct a fellow member to vote for them or vote online.
      • 5.1.4 Voting is based on one vote per property.
      • 5.1.5 Members have the right to raise any relevant point at the meeting. The Association will, however, only agree to take up any problem with Essential Vivendi Ltd or their successor, on behalf of a member, provided that member has already referred the problem to the Management Company.
      • 5.1.6 Any General Meeting with less than 12 paid-up members present can discuss proposals, but no decisions affecting the Association can be made.

  • 6. Financial aspects

      • 6.1.1 The membership subscription is set at £20 per annum and cannot be changed except at a General Meeting by a majority of the members present.
      • 6.1.2 The subscription will be paid into a Bank/Building Society account bearing the Association’s name.
      • 6.1.3 The Association’s Financial Year is from 1st January to 31st December.
      • 6.1.4 The payment of the subscription covers the period from 1st January to 31st December, unless the member is new to the Association, when the subscription covers the period up to the following 31st December.
      • 6.1.5 No refund of subscription will be granted to members leaving the Association.
      • 6.1.6 The membership subscription of £20 is per property.
      • 6.1.7 For a withdrawal of Association funds the signatures of any two of the three elected officials must appear on the withdrawal form.
      • 6.1.8 Any withdrawal or withdrawals exceeding £250.00 during a Financial Year to any individual, partnership or company must first be agreed by the Executive Committee. This figure can periodically be increased by agreement of the majority at an Annual General Meeting.
      • 6.1.9 No loan agreement or overdraft facility can be obtained on behalf of the Association without first obtaining agreement at an Annual General Meeting.
      • 6.1.10 There may be special circumstances requiring additional funds. The Executive Committee are authorised to progress this subject to the approval of a majority of voting members.

  • 7. Legal representation

    • 7.1 No legal action or representation may be taken on behalf of the Association without first obtaining the agreement of the majority of paid-up members by online ballot or alternatively by a majority of members in attendance at a General Meeting subject to a minimum attendance at such General Meeting of 20 paid up members.
    • 7.2 In the event that a majority of the Executive Committee consider that there is a requirement for emergency legal action, such action may be commenced subject to no more than £2000 being incurred in legal costs until the approval of the membership is obtained as in 7.1 above.

  • 8. Discipline

    • 8.1 Any member who brings the Association into disrepute can be removed from the Association by a majority of members at the next general meeting.
    • 8.2 The Association will not become involved in or fund any individual member legal action against Essential Vivendi Ltd or their successor unless it first be agreed at a General Meeting that it would be beneficial for the Association to do so.

  • 9. Changes to rules

    Any alteration to these Articles of Association shall require a Resolution passed by two-thirds of voting paid-up members. Notice of the proposed change must be given in writing by the Secretary to all members at least two weeks before the vote takes place.

  • 10. Termination of the Association

    The Association may be terminated and its affairs wound up by a vote of at least two-thirds of the paid-up members. Notice of proposed termination and voting would be by postal ballot. If termination were agreed then the balance of the Association funds, after all liabilities had been met, would be paid into a charity nominated by the management committee.