This document is to provide information in support of a motion that will be presented at the KLRA’s 2019 annual general meeting to amend the Association’s bylaws relating to membership. The sections of the bylaws proposed for amendment are Definition and Membership Conditions. The proposed text for each of these sections follows.
Definitions
(a) "Immediate Family” means the owner of a Property or Residence and their legal or common law spouse and the parents, grandparents, great-grandparents, children, grandchildren, siblings which are related by blood, marriage or common-law relationship to any of them;
(b) "Member" means the owner or owners of a Property or Residence as defined below who are interested in furthering the objectives of the Association and whose application and membership fee have been accepted by the board membership committee, one or more owners of the Property or Residence to be collectively defined as a " Member".
(c) "Property/Residence" means all waterfront properties on Kahshe Lake, Bass Lake and Sunny Lake, all properties on the islands on Kahshe Lake and all properties on the following roads
From Highway 11:
North Kahshe Lake Road and all branches
South Kahshe Lake Road and all branches
Tryon Drive
Amelia Crescent
Fleming Drive
Hastings Drive
Erins Way
Kahshe River, from the dam to Highway 11
From Muskoka 6:
Cooks Road
Sam Cook Road and all branches
Loft Road
Thomas Road
Fire Road 13
Benzinger Road and all branches
Witbeck Road and all branches
Larroger Road and all branches
(d) "Proxy" means an authorization by which a Voting Member has appointed a proxy holder to attend and act on the Member's behalf at a meeting of Members. A proxy must be signed by the Voting Member or the Voting Member's attorney and if the Voting Member is a body corporate, by an officer or director of the body corporate duly authorized. Every proxy must be in a form that complies with the regulations of the applicable provincial governing statute.
(e) "Friends of Kahshe Lake" means those individuals who do not qualify for Membership as defined herein but who are dedicated to the preservation and protection of the quality of life on Kahshe and Bass Lakes and their immediate surroundings. Friends of Kahshe Lake may attend the annual general meeting of members but shall not have voting privileges. Friends of Kahshe Lake are granted at the discretion of the board membership committee.
Membership Conditions
1.01 Membership Conditions
Voting membership in the Association shall be available to the following persons and on the following basis:
(a) those owners of a Property or Residence that are interested in furthering the objectives of the Association and whose application and membership fee has been accepted by the board membership committee;
(b) the Association shall have a single class of voting members, namely: Voting Members. The rights, privileges and obligations attaching to the class of members are that Voting Members shall have the right to vote and to elect the directors and each Member shall be entitled to one (1) vote provided:
(i) that for greater certainty Property or Residence shall be entitled to only one (1) vote regardless of the number of persons who are members or the registered or beneficial owners of such Property or Residence; and
(ii) such voting right may be exercised by any individual who is part of the Immediate Family of such Voting Member without the need for any Proxy or power of attorney;
(iii) in the event that a dispute arises as to which individual has the right to vote at any meeting of the Association in respect of any Property or Residence, until such dispute is finally determined then the right of such Voting Member to vote shall be suspended;
(iv) notwithstanding (ii) and (iii) above, every Voting Member entitled to vote at a meeting of members may by means of a Proxy appoint a proxyholder, who need not be a Voting Member, as the Voting Member's nominee to attend and act at the meeting in the manner to the extent and with the authority conferred by such proxy;
(c) Each membership may be limited to a fixed period of time or be for a period of indefinite duration and subject to such conditions, including without limitation the payment of annual or other periodic dues or fees as the board may determine, from time to time, by ordinary resolution.
1.02 Membership Transferability
Memberships are not personal and may not be transferred.
1.03 Membership Dues
(a) Members shall be notified by mail or electronic communication of the membership dues, if any, at any time payable by them and, if any are not paid within ninety (90) days of the Membership renewal date, the members in default shall cease to be a member.
(b) Membership dues are non-refundable.
1.04 Termination of Membership
(a) Resignation. Any member may withdraw from the Association by delivering to the Association a written resignation and lodging a copy of same with the Secretary of the Association. A resignation shall be effective immediately upon delivery to the Secretary. In the case of resignation, a member shall remain liable for payment of any outstanding Membership dues levied or which became payable by the member to the Association prior to such resignation.
(b) Termination. The interest of a member in the Association is not transferable and lapses and ceases to exist:
(i) upon death, if an individual or in the case of a family upon the death of all members of the family, or dissolution;
(ii) when the member ceases to be in good standing, including by reason of the non-payment of any dues or fees provided that the Board may reinstate such membership retroactively upon the payment of any then outstanding dues or fees;
(iii) when the member's period of Membership expires (if any) or is otherwise terminated as provided herein; and
(iv) when the member ceases to be a member by resignation or otherwise in accordance with the by-laws;
(v) if at a special meeting of members, a special resolution is passed to remove and/or expel the member, provided that the member shall be granted the opportunity to make written submissions to the meeting;
(vi) upon the sale of the Property or Residence.
2.01 Friends of Kahshe Lake
"Friends of Kahshe Lake" means those individuals who do not qualify for Membership as defined herein but who are dedicated to the preservation and protection of the quality of life on Kahshe and Bass Lakes and their immediate surroundings. Friends of Kahshe Lake may attend the annual general meeting of members but shall not have voting privileges. Friends of Kahshe Lake are granted at the discretion of the board membership committee.