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Dear Member,

The Governance, Risk and Policy Committee are reviewing the Rules and Bylaws. There are a few anomalies that will need to be addressed in the short term and these are listed below with an explanation sheet.

The marked up Rules will be avaible on your Members Portal on 12th August 2021.

NOTICE OF MOTION TO AMEND THE SOUTH OF PERTH YACHT CLUB RULES
  1. In accord with Rule 54, the following notice of motion to amend the South of Perth Yacht Club rules is given.
  2. The Governance Risk and Compliance Committee has agreed and recommended that the following amendments to the rules of the South of Perth Yacht Club be presented to the Club’s Annual General Meeting scheduled for 1 September 2021:
    1. Rule 13 Membership Fees; and
    2. Rule 21 How Grievance Procedure is Started.
The purpose of these amendments are to remove ambiguities from the current wording surrounding:
  1. The date that the club may ask a member to show cause in respect of unpaid subscription fees and charges - Rule 13(5)(b).
2. The timings surrounding the consideration of notices of complaint – Rule 21 (2).

The motions are for the following resolutions, which are intended to be proposed as Special Resolutions.

1st resolution
Sub rule 1(1) of the Rules of the South of Perth Yacht Club (inc.) (Rules), the definition of “Financial Member” be amended so that:
1 the words “3 months” in the second line is deleted and replaced with the words :60 days”; and
2 the words “from its due date (see Sub rule 13(4))” are added to the end of the definition.
Sub rule 13(5) of the Rules be amended by:
1 renumbering Sub rule 13(5) as Sub rule 13(5)(a);
2 in subrule 13(5)(a) (as renumbered), the words “3 months after” in the first two lines are deleted and replaced with the words “60 days of”; and
3 adding a new Sub rule 13(5)(b) as follows:
(b) If a Member has not paid the applicable fees or charges to the Club within 60 days of the due date:
(i) the Club may give notice to the Member stating the amount of the unpaid fees and charges and requiring the Member to show cause why that Member’s Membership of the Club should not cease; and
(ii) if any Member given notice under Sub rule 13(5)(b)(i) does not comply with the notice within 30 days of the date of the notice, the Member ceases to be a Member on the expiry of that 30 day period.

2nd resolution
Sub rule 21(2) is amended by adding the following sentence to the end of the Sub rule.

The meeting of the Grievance Committee will be held as soon as is practical which may or may not be within 28 days of the General Manager or Commodore (as the case may be) being given the notice.

MOVED: B. Cross SECONDED: P. Draber

  1. A marked up copy of the proposed amendments to the rules along with an explanatory note of the proposed amendments is attached to this notice.
10 August 2021.

Attach: Marked up South of Perth Yacht Club Rules.
8 August 2021

Note of proposed resolutions to amend the Club’s Rules

1 Each of these resolutions needs to be passed by a special resolution: Sub rule 59(1)(a) of the Rules and bylaws 2(1) and 2(2) of the Bylaws.
2 A copy of the Rules is attached, with the proposed amendments marked up.

1st resolution
Sub rule 1(1) of the Rules of the South of Perth Yacht Club (inc.) (Rules), the definition of “Financial Member” be amended so that:
1 the words “3 months” in the second line is deleted and replaced with the words :60 days”; and
2 the words “from its due date (see Sub rule 13(4))” are added to the end of the definition.

Sub rule 13(5) of the Rules be amended by:
1 renumbering Sub rule 13(5) as Sub rule 13(5)(a);
2 in subrule 13(5)(a) (as renumbered), the words “3 months after” in the first two lines are deleted and replaced with the words “60 days of”; and
3 adding a new Sub rule 13(5)(b) as follows:
(b) If a Member has not paid the applicable fees or charges to the Club within 60 days of the due date:
(i) the Club may give notice to the Member stating the amount of the unpaid fees and charges and requiring the Member to show cause why that Member’s Membership of the Club should not cease; and
(ii) if any Member given notice under Sub rule 13(5)(b)(i) does not comply with the notice within 30 days of the date of the notice, the Member ceases to be a Member on the expiry of that 30 day period;

Explanation
The Club has experienced a rising number of Members delaying or failing to pay Subscriptions, fees and charges, particularly fuel charges. It is important to the Club that Subscriptions, fees and charges are paid in a timely manner as they help fund the facilities, services provided for Member’s boating and social activities. So, if a Member fails to pay fees and charges, there should be a sanction that the Member ceases to be a Member. However, a Member who has failed to pay fees or charges should be put on notice that the sanction of ceased Membership is about to be applied to the Member, so that the Member has an opportunity to pay any (overlooked) fees and charges, or persuade the Club that the Member is not liable for those fees and charges.

The amendment is also made in relation to bring the Rules into line with the Club’s longstanding practices.

2nd resolution
Sub rule 21(2) is amended by adding the following sentence to the end of the Sub rule.

The meeting of the Grievance Committee will be held as soon as is practical which may or may not be within 28 days of the General Manager or Commodore (as the case may be) being given the notice.

Explanation
The amendment is made to clear up an ambiguity. In most cases, the first meeting of the Grievance Committee will be held within 28 days of a notice of complaint being received but in some cases, it may be necessary for the first meeting to be held later. Whether the first meeting is held within the 28 day period or not, the parties concerned deserve some certainty that the complaint is being dealt with. For these reasons, the rule is proposed to be amended to make clear that within 28 days of a complaint being received, a Grievance Committee will be appointed and a date for a first meeting set, even if the date set for the first meeting occurs later than 28 days from receipt of a notice of complaint.

Kind Regards,
South of Perth Yacht Club