THE MAYFLOWER BOATOWNERS’ ASSOCIATION
The Mayflower Boat Owners Association Constitution
Adopted at the Annual General Meeting March 11th 1993 and the inaugural meeting of the Mount Batten members March 4th 1993
Amended at the Annual General Meetings of Mar 2001, Feb 2009 Mar 2012, Mar 2014, Mar 2022 and Feb 2024.
SECTION ONE: NAME AND AIM
1. Name
Shall be the "Mayflower Boatowners' Association" (hereinafter referred to as "the Association").
2. Aim
To provide affordable moorings for the local community in order that they may enjoy their interest in boating related sports and activities. The Association is run by the members, for the members and all are expected to contribute.
SECTION TWO: OFFICERS AND COMMITTEE
3. Officers shall be:
Chairman
Treasurer/Vice Chairman
Secretary
Committee members shall be:
Membership Secretary
Bosun – Afloat
Bosun – Shoreside
Webmaster
Mount Batten Centre Bosun (ex-officio unless a member in their own right)
3a. Duties of the Officers and Committee
Duties performed by the Officers and Committee are listed in Annex A to this constitution. The individual tasks listed will be normally be undertaken by the Officer or committee member listed, but may be otherwise allocated as agreed by the committee in order to best fit the duties to the skills and available time of the committee members. All officers and committee members will lead working parties if required.
3c. Committee
Shall consist of the officers and committee members. The committee shall have the authority to execute the business of the Association, and to appoint such subcommittees as it shall see fit. A quorum shall be two officers and three other committee members.
4. Auditor
The Auditor shall:
(a) normally be a volunteer member of the association (including committee members), but may be a non-member if necessary;
(b) be independent of the treasurer;
(c) be approved by the annual general meeting each year;
(d) audit the Association accounts plus any investments at least once each year;
(e) and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law and/or the committee.
5. Elections
The auditor and all officers and committee members, other than those in ex-officio positions, shall be elected at the annual general meeting and shall be eligible for re-election for a fixed term.
SECTION THREE: GENERAL MANAGEMENT
6. Authority for Expenditure
The Authority to Agree to expenditure shall be devolved to the Committee.
The Committee shall stipulate under the bye laws of the Association the amount that an individual Officer or committee member can agree to expend. Any amounts over that amount stipulated shall be agreed by a quorum of the Committee.
7. Voting
Each ordinary member and committee member and officer shall have one single vote. Voting shall be by simple majority on a show of hands by paid-up members present at a general meeting.
8. The Annual General Meeting
The annual general meeting shall be held annually in late February or March at a place specified by the committee.
At least fourteen days’ notice shall be given in writing and shall be accompanied by an agenda.
9. Special General Meetings
Shall be called by the secretary or chairman or shall be held if requested in writing by not fewer than eight members.
Such meeting shall be open to all members of the Association. Fourteen days’ notice shall be given with an agenda attached.
10. Amendments to these Rules
Any alteration or addition to these rules shall be carried out at a special general meeting open to members and shall remain in force until the next annual general meeting, when it shall be confirmed or not by a two thirds majority of all members present.
11. Quorum
A quorum shall consist of twelve paid-up members.
12. Data
The MBOA keeps limited personal data solely for the purpose of running the association. The association will not share this data with third parties without the member’s expressed consent, except in the rare circumstance of emergency or if required to do so by law. More details of the nature of members’ data and its use is detailed in Annex B.
SECTION FOUR: MEMBERSHIP
13. Membership
Shall be open to:
(a) boat owners, who are not using their vessels for commercial gain, who, with the agreement of the CHC, have permission from the Association to moor their vessels on specified moorings managed by the Association in the designated mooring area for the Association in the Cattewater.
(b) local sailing groups who need moorings for small yachts in order to provide an introduction to yachting to members of the community who are not themselves boatowners.
(c) by agreement with the committee, small commercial boat owners whose business encourages watersports.
(d) There shall also be honorary membership for those ex-officio members specified by the Constitution, or as agreed from time to time by the committee.
14. Fees
(a) The annual membership subscription and fees shall be decided in accordance with Bye Law No.1 at the end of this Constitution.
(b) Subscriptions and fees shall be due immediately following each Annual General Meeting.
(c) No boat is to be moved onto a mooring until all fees due have been received by the Association.
15. Membership
(a) Upon applying for membership a candidate shall:
1. give the membership secretary in writing a full description of his or her vessel to include name, class (if applicable), length, beam, draught, displacement, keel type, colour of hull and any other significant information;
2. supply the membership secretary with his or her full permanent address, telephone number and email address (as applicable). It shall be the member's responsibility to keep the membership secretary informed of any change of contact details. The most recent address appearing in the Association records shall be regarded as valid for all correspondence;
3. Respond to any relevant questions the committee may ask, in order to assist them when considering offering membership to the applicant when a mooring becomes available.
(b) When a suitable mooring becomes available and the applicant is offered membership, he or she shall:
1. pay a one-off, non-refundable joining fee of £250.
2. agree to comply with the terms this constitution and with the CHC/MBOA contract.
3. pay, within one week, such fees and subscriptions as shall be requested. In default of such payment the offer shall be void unless sufficient cause for delay can be shown;
4. make a declaration on an annual basis that he or she holds adequate current marine insurance including public liability and reconfirm their contact and boat details;
5. help on working parties as required, subject to availability, that may be convened to help the Association carry out tasks associated with the smooth operation of the Association;
6. apply for a tender rack position, if one is required, and not place a tender in a rack position without the agreement of the committee and paying the appropriate annual rack fee;
7. agree to comply with the Associations policy relating to the use of the moorings (see para 18).
(c) Renewal subscriptions and fees shall be due immediately following each Annual General Meeting.
16. Termination of membership
(a) There will be no automatic refund of subscriptions or fees for membership terminated between annual general meetings; however the committee may, at their absolute discretion:
make a pro-rata (minus 20%) refund of those annual fees paid by a member for the period the mooring is successfully relet within the season;
or make a refund if there are mitigating circumstances underpinning the reasons for needing to terminate that membership.
(b) The committee may cancel, without notice given, the membership of any member, part of whose annual subscription or other annual fee is more than one month in arrears.
(c) The committee may terminate the membership of any member who consistently, in their opinion, fails to conduct themselves in a manner appropriate to the spirit and ethos of the Association, having first advised the member of his or her obligations in this respect.
Reasons for termination of membership may include:
failure to attend working parties when required, without arranging a suitable substitute;
failure to secure their boat to the buoy adequately, and in accordance with the guidance provided on top gear specification;
failure to comply with requests for action from the committee.
(d) Any member wishing to terminate membership is asked to inform the secretary in writing as soon as possible.
(e) Members wishing to give up their mooring but to return to mooring with the Association at a later date should inform the Membership Secretary. They will be offered the option either of paying for their mooring during their absence and being refunded a pro-rata (minus 20%) of fees paid if their mooring can be let on a temporary basis or alternatively of giving up their mooring and being placed on the waiting list. Members who opt to give up their mooring whilst absent will take priority over new applicants joining the waiting list but must bear in mind that allocation of a new mooring will depend on the availability of a mooring that is suitable for their boat. Members giving up their moorings either temporarily or permanently will not be allowed to retain a dinghy rack.
(f) At the termination of a boatowner's membership all rights to moorings revert to the Association. No member has any authority whatever to assign a mooring to any other person.
(g) In the event of the association losing moorings, due to changes in the contract from Cattewater Harbour Commissioners, or other external developments, the reduction in moorings will be dealt with as follows:
· The members required to give up their moorings will be determined by their date of joining the association, with more recent members losing their moorings first.
· Any member who loses their mooring in this way will be offered a choice of leaving the association and having their joining fee returned, or remaining a member, in which case they will be ahead of prospective new members on the waiting list for a mooring.
(h) On the death of a member, their membership of the association is terminated, and may not be passed on as part of their estate. In the event that the member’s boat is on their mooring at the time of death, the boat may remain on the mooring until the end of that season. Their family/executors are responsible for:
· Checking that the boat continues to be safely and correctly moored.
· Removal of the boat from the mooring by the end of the season.
17. Conduct of members
Every member is deemed to have notice of, and impliedly undertakes to comply with the rules and regulations of the Association, and of the contract between the Association and CHC. The committee reserves the right to terminate the membership of any member failing to do so.
SECTION FIVE: MOORING
18. Mooring Related Instructions
(a) All members shall agree to moor their vessels to the mooring buoy they are allocated in the manner specified in the mooring guidance issued by the committee.
(b) Vessels shall be moored to the buoys in accordance with the guidance issued to each member. All top gear (ropes, chains, swivels and shackles) shall be of sufficient size and type, having regard to MBOA recommended minimum sizes, for that member’s boat to withstand all weathers and must be maintained in good condition.
(c) Members shall agree to change their allocated mooring as requested by the committee or its representative in order to attain optimum layout for the safety and well-being of members and their vessels.
(d) Any defects in mooring(s) shall be reported at once to a member of the committee.
(e) The Association alone shall be responsible for the rental of all mooring gear up to and including the mooring buoy. No member may interfere with this gear in any way other than in a strict emergency; in such a situation a committee member must be informed within 24 hours of the exact action taken.
(f) Members must check their boats regularly whilst on the moorings to ensure their boats remain safely moored;
(g) It is agreed that, providing the member has paid the mooring fees, rights to a mooring can be maintained for a limited period, with the prior agreement of the committee, without a boat being present.
(h) Moorings allocated to a member may not be sub-let by that member.
(i) The committee shall have authority to make temporary lettings on any vacant moorings with the mooring holder’s permission, if agreed with CHC.
(j) In the event of an emergency, both QHM and CHC have the contact details of committee Officers and members who will, once contacted, take appropriate action in an attempt to make the situation safe.
SECTION SIX: ABANDONED VESSELS
19. Abandoned Vessels
In addition to the powers given to the committee under paragraphs 16 (b) and 16 (c), if at any time, any fees payable to the Association by a member or former member shall be more than one month in arrears and/or a vessel, the property of a member or a former member, remains upon a mooring controlled by the Association, the committee may:
(a) move the vessel to any other Association mooring or suitable location without being liable for any loss or damage to the vessel howsoever caused;
(b) give one month's notice in writing to the member or former member at his or her last known address / email as shown in the Association register and thereafter sell the vessel and deduct any monies due to the Association (whether by way of arrears of subscription or annual payments, mooring, harbour fees or otherwise) from the net proceeds of the sale before accounting for the balance (if any) to the member or former member;
(c) alternatively, if the vessel is unsaleable, after giving notice in writing as aforesaid, dispose of the vessel in any manner the committee may think fit and deem the cost of doing so and any arrears as aforesaid to be a debt owing to the Association by the member or former member.
PROVIDED ALWAYS THAT:-
Proper evidence is available to show that all reasonable steps have been taken to trace the member or former member and that when and if the vessel is sold the proceeds of the sale (less any indebtedness by the member or former member to the Association) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member or otherwise) for a period of six years.
SECTION SEVEN: LIMITING LIABILITY
20. Limitation of Association liability
Members of the Association, their guests or visitors may use the Association facilities entirely at their own risk and impliedly accept:
(a) the Association will not accept any liability for any damage to or loss of property belonging to the members, their guests or visitors;
(b) the Association will not accept any liability for personal injury arising out of the use of the facilities of the Association either sustained by members, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the officers, committee or servants of the Association;
(c) the committee, or any person of any sub-committee delegated by the committee to act as agent for the Association or its members, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in a general meeting, pledge the credit of the membership;
(d) in pursuance of the authority vested in the committee by members of the Association, members of the committee are entitled to be indemnified by the members of the Association against any liabilities properly incurred by them or by anyone of them on behalf of the Association wherever the contract is or could be assumed to be of a duly authorised nature and entered into on behalf of the Association;
(e) the limit of an individual member's indemnity in this respect shall be a sum equal to one year's subscription and fees at the then current rate, unless such a limit is raised by a general meeting of the Association;
(f) the Licence to moor boats in the Cattewater is granted by the CHC and may be terminated by them giving the Association six (6) months notice. The officials of the Association have no authority over the CHC and are indemnified from such action.
SECTION EIGHT: DISOLUTION OF THE ASSOCIATION
21. Dissolution of the Association
In the event of the dissolution of the Association the assets held by the Association shall be offered to other similar community organizations or groups
ADDENDUM - ByeLaws
1. Annual payments by members shall be made up in the following manner:
(a) a mooring charge – being a share of the annual running costs of the Association based on the size of the mooring, boats 30ft or over being charged a higher rate reflecting the larger water space occupied. This charge also includes fees, dues and maintenance costs levied by CHC;
(b) a charge for a tender rack position if allocated to the member by the committee; charges for secure covered racks being higher than for open-air racks;
(c) any other charges approved at an annual general meeting.
2. The Committee has agreed that officers may authorize expenditure up to £100. Amounts in excess must be authorized by a quorum of the Committee
List of Annexes:
A. Duties of the Officers and Committee Members of the Association.
B. Members’ personal data.
Mayflower Boat Owners’ Association Constitution 2024
DUTIES OF THE OFFICERS AND COMMITTEE MEMBERS OF THE ASSOCIATION
1. Duties of the Association Chairman
The Association Chairman shall:
(a) Chair general meetings and committee meetings;
(b) take the lead, supported by other committee members as required when dealing with external matters of a contentious nature;
(c) take the lead on matters of “member discipline”, issuing warning letters where required. If necessary, and after a committee vote to do so, inform offenders of the termination of their membership;
(d) represent the Association on the Mount Batten Centre User Group, and if asked to do so, represent the User Group on the Mount Batten Centre Management Board;
(e) produce draft changes to the Constitution as necessary for Committee / AGM ratification.
2. Duties of the Treasurer
The Treasurer shall:
(a) act as vice-chairman;
(b) cause such books of accounts to be kept as are necessary to give a true and fair view of the finances of the Association;
(c) cause all returns as may be required by law in relation to such accounts to be rendered in due time;
(d) prepare an annual balance sheet as at December 31st each year and cause such balance sheet (and accounts as necessary) to be audited at least once annually and to be available to members at the annual general meeting;
(e) collect fees in from mooring users relating to their individual dues as advised by the membership secretary;
(f) make payments: the chairman, vice chairman/treasurer, secretary and membership secretary shall be authorised to sign cheques on behalf of the Association. Any two to sign;
(g) be authorised to open an Association account with a reputable bank of his or her own choosing.
3. Duties of the Secretary
The Association Secretary shall:
(a) conduct the correspondence of the Association other than membership and initial seasonal moorings allocation related matters;
(b) produce agendas and keep minutes of all meetings of the Association, its committee and sub-committees, which shall be signed by the appropriate chairman with the agreement of the members of the relevant meeting;
(c) liaise with the Ashore Bosun to plan and co-ordinate working parties as necessary as directed by the Committee;
(d) keep custody of all the Association documents;
(e) maintain contact with the Association's legal adviser to ensure that the Association's affairs are managed in accordance with current law;
4. Duties of the Membership Secretary
The Membership Secretary shall:
(a) keep records of the Association members' and applicants for moorings contact details and of their dealings with the Association;
(b) deal with all applications for membership on a non-discriminatory basis in accordance with the rules of the Association and to deal fairly with applicants on the waiting list;
(c) allocate moorings and racks to members at the start of the season in consultation with the bosun, and the storekeeper for racks in store 3, to make best use of the moorings/boat/ racks mix;
(d) advise the treasurer of the fees payable for each mooring user at the start of the season;
(e) liaise with the Association secretary over correspondence as necessary to ensure clarity in the division of responsibilities between them;
(f) provide an updated list of Members’ details to Association Secretary and Ashore Bosun at the start of each season and advise amendments throughout the year.
5. Duties of the Afloat Bosun
The Afloat bosun shall:
(a) act as the Association’s “subject matter expert” on technical, mooring related matters, liaising with CHC and reporting to the committee;
(b) consult with the membership secretary on the allocation of moorings to members to ensure that the boat/ mooring mix makes the best use of the moorings we have available;
(c) liaise with the Secretary and CHC over problems with our swinging moorings, as they arise;
(d) give guidance and advice to members on the Association's specified best practice when securing boats to the mooring buoys.
(e) In coordination with CHC, allocate temporarily vacated moorings to suitable visiting boats during the season;
6. Duties of the Shoreside Bosun
The Shoreside bosun shall:
(a) maintain the key register and collect and issue keys for the store as necessary;
(b) maintain and control the Association related tools, equipment etc;
(c) supervise storage of tenders and equipment in the store;
(d) supervise storage of tenders in the outside storage racks;
(e) Liaise with the membership secretary as required about allocation of tender storage slots.
7. Duties of the Webmaster
The Webmaster shall:
(a) manage the Association’s website, ensuring it us up to date at all times and reflects the current policies of the association;
(b) keep an overview of social media pages concerning the association, and highlight any issues to the committee.
8. Mount Batten Centre Bosun
The Mount Batten Centre Bosun shall:
(a) act as the day-to-day link between the centre and the association, informing the officers and committee of issues requiring resolution.
Annex B to
Mayflower Boat Owners’ Association Constitution 2024
MEMBERS’ PERSONAL DATA
1. This Annex is intended to give members examples of how their data is held and used. Whilst the main elements are included, the list is not expected to be exhaustive. This Annex may be updated from time to time.
(a) Members names, contact details, boat details, mooring, rack and fee details are kept on a secure, online database which can be accessed only by the committee.
(b) Certain committee members hold forms / data related to their particular role (for example, the membership secretary & treasurer hold copies of the “boat details and insurance confirmation” forms, the treasurer holds membership payment records, the chairman holds correspondence to particular members) and all committee members have emails on their personal PCs. Any such data is held on password protected PCs. On occasions, committee members may hold a members’ mobile number on their phone.
(c) CHC are provided with Members names, contact details, boat details and mooring allocated. This is a requirement of the Association’s contract with CHC.
(d) The membership secretary hold details of prospective members on a brief questionnaire.
(e) There are limited paper archives / records which, generally, do not include membership contact details and are kept in relevant committee member’s homes. The Mountbatten Centre Bosun keeps a printed copy of membership contact details in his office for emergency use only (for example, relating to an urgent problem with a boat).
(f) The data is held solely for the purpose of running the Association. For example, communication to the membership (either as a whole or individually) and the keeping of records to enable the running of the club.
(g) Membership details are not released to any third party, except CHC, without their expressed consent. However, from time to time, it is necessary to share members’ details within the association’s membership, notably to allow members to arrange swaps between themselves for working parties.
2. When a member relinquishes their mooring, the majority of their data is removed from the MBOA database. However limited details are retained to enable to member to be identified should they wish to re-join, thus avoiding a second “joining fee”.
