Pool Rules
RULES AND REGULATIONS OF THE
STANLEY RECREATION CLUB, INCORPORATED
Stanley, North Carolina 28164
These rules and regulations were approved by the Stanley Recreation Club Board of Directors. Their purpose is to ensure that everyone has a safe and enjoyable time at the Stanley Recreation Club pool. All stockholders, members, their families, special memberships, and guests must abide by these rules. Revisions may be made at any time by the Board of Directors and posted to Stanley Recreation Club stockholders, members, and users of the pool.
The safe operation of the pool depends on every parent being responsible for his/her own children and on the Pool Manager having adequate enforcement authority. These rules are not intended to replace or diminish parent responsibility for the safety of their children. Non-swimmers and novice swimmers require special attention of their parents. Children using the baby pool, which is not guarded, require constant supervision. Throughout these rules, the term “Pool Manager” will be used to denote the actual Pool Manager, or when not present, his or her designated assistant. A “Responsible Person” is defined as a parent, guardian, or other individual, 15 years of age or older, designated by a parent. A “Member” is defined as a stockholder or a member who has paid the nonrefundable membership fee.
SECTION 1: ENFORCEMENT OF RULES
a) The Pool Manager has complete authority and responsibility for the safety and orderly operation of the pool. The Pool Manager may deny the use of a section of the pool to any person of any age that does not exhibit adequate proficiency for that section. Any situation not covered within these rules will be subject to the judgment of the Pool Manager. The Pool Manager and lifeguards are instructed not to take orders from members. Failure to obey the direction of a lifeguard is cause for temporary removal from the facility.
b) The Pool Manager has complete authority to eject anyone at any time from the pool enclosure for the remainder of the day.
c) Serious or repeated infractions of the rules and regulations will be documented and will also be reported to the Board of Directors for appropriate action which may include suspension of pool privileges for the individual or the entire household.
d) Any matter requiring immediate action should be discussed with the Pool Manager. Members with comments or complaints about the operation of the pool should submit them in writing to Stanley Recreation Club, Inc., PO Box 2, Stanley, NC 28164.
e) The Stanley Police Department has written permission to arrest all trespassers.
SECTION 2: GENERAL RULES
a) All swimmers must wear appropriate bathing suits. No cut-off jeans are allowed in the pool. Infants must wear tight fitting rubber pants over diapers or training pants, followed by a swim style bathing suit.
b) No children under the age of 10 years old will be allowed on the pool grounds without a parent or guardian. A guardian must be 15 years of age and a Waiver of Responsibility must be signed by the parent and approved by the Pool Manager. The guardian must be attentive to the child in the water! Children 10 and older must be able to swim the length of the pool to the Pool Manager’s or lifeguard’s satisfaction to be left without a parent or guardian.
c) To swim in the lane pool, a child must have beginner swimming skills or must swim to the approval of the Pool Manager or lifeguard. Without these skills, a parent or guardian must be in or at the edge of the water at all times.
d) Swimmies may be worn in the lane pool, but a parent or guardian must be in the water with them at all times.
e) Glass bottles, jars, or other glass containers are prohibited in the pool enclosure.
f) Running, pushing, wrestling, dunking or causing undue disturbances in or around the pool area is prohibited.
g) No animals or pets are allowed in the pool or pool area.
h) No talking to the lifeguards while they are on duty, except for pool business.
i) Abusive, offensive, or profane language is prohibited. Unruly, offensive behavior is prohibited.
j) Admission will be refused to anyone with skin abrasions, bandages, infections, colds or signs of intoxication.
k) All members will respect the property rights of homeowners in the neighborhood. Do not use lawns for shortcuts or in any way violate the rights of others.
l) No persons under the influence of alcoholic beverages or drugs will be permitted on the pool property.
m) No persons will use the pool facilities unless it is officially open and the lifeguards are on duty.
n) All injuries that occur on the premises must be reported immediately to the Pool Manager.
RULES AND REGULATIONS OF THE
STANLEY RECREATION CLUB, INCORPORATED
Stanley, North Carolina 28164
o) A first aid kit is located at the front desk.
p) The cost of any property damage will be charged to the member responsible.
q) The pool will not be responsible for the loss of, or damage to personal property.
r) Radios and CD/tape players are prohibited except when earphones are used.
s) Masks must be of the plastic or tempered-glass type.
t) Tables on the deck area may not be reserved by placing towels and/or personal belongings on them.
u) In case of lightning, everyone will be asked to leave the pool area.
v) Disregarding pool rules will result in the suspension of pool privileges.
SECTION 3: DIVING
a) Divers must be able to swim the length of the pool to the Pool Manager’s or lifeguard’s satisfaction to be eligible to dive off the boards.
b) Only one person is permitted on a diving board or ladder at any time.
c) Divers will not dive until the previous diver has cleared the area below the board.
d) After surfacing, a diver must swim directly to the nearest ladder without delay.
e) Excessive bouncing or horseplay of any kind is prohibited on the diving boards.
f) All dives must be made from the front of the board.
g) During diving time, flotation devices of any type are prohibited in the diving area, even when such devices are authorized for other parts of the pool.
h) Lifeguards may close the diving board if they feel there is any safety problem.
SECTION 4: BABY POOL RULES
a) Only children 5 years of age or younger may use the baby pool.
b) All children using the baby pool must be accompanied by a Responsible Person who must remain within the baby pool enclosure at all times.
SECTION 5: GUESTS
a) The use of the pool is restricted to members and their guests. Guests must be accompanied by a member who is a Responsible Person and must depart the pool facility when the member departs. All visitors must be with a pool member.
b) The guest fee is $5.00 per day, per guest. All guests and members must register when entering the pool area.
c) Visitor days will be determined each year by the current Board of Directors.
d) Guests who live outside the 15-mile radius of the pool may visit any day.
e) Members will be responsible for the conduct of their guests, and for any damage to the pool property. If a guest damages pool property, the cost of the damage will be charged to the member.
SECTION 6: BABYSITTER MEMBERSHIP RULES
a) Upon Board’s approval, and payment of the babysitter membership fee, the babysitter becomes a “Responsible Person”.
b) The babysitter is only allowed to visit the pool if accompanied by the member’s child for whom he/she is responsible.
c) Other than the child for whom he/she is responsible, the babysitter is not authorized to bring guests to the pool.
d) If the child that is in the care of the babysitter leaves the pool premises (pool, tennis courts), then the babysitter must accompany the child. The babysitter cannot remain at the pool without the child.
e) The babysitter cannot leave the pool premises without the child for whom he/she is responsible.
f) Like all club members, babysitters are expected to abide by the pool rules. Inappropriate behavior will not be tolerated.
g) If these rules are violated, the babysitter’s membership may be revoked. Note that babysitter memberships are nonrefundable.
STANLEY RECREATION CLUB, INCORPORATED
Stanley, North Carolina 28164
These rules and regulations were approved by the Stanley Recreation Club Board of Directors. Their purpose is to ensure that everyone has a safe and enjoyable time at the Stanley Recreation Club pool. All stockholders, members, their families, special memberships, and guests must abide by these rules. Revisions may be made at any time by the Board of Directors and posted to Stanley Recreation Club stockholders, members, and users of the pool.
The safe operation of the pool depends on every parent being responsible for his/her own children and on the Pool Manager having adequate enforcement authority. These rules are not intended to replace or diminish parent responsibility for the safety of their children. Non-swimmers and novice swimmers require special attention of their parents. Children using the baby pool, which is not guarded, require constant supervision. Throughout these rules, the term “Pool Manager” will be used to denote the actual Pool Manager, or when not present, his or her designated assistant. A “Responsible Person” is defined as a parent, guardian, or other individual, 15 years of age or older, designated by a parent. A “Member” is defined as a stockholder or a member who has paid the nonrefundable membership fee.
SECTION 1: ENFORCEMENT OF RULES
a) The Pool Manager has complete authority and responsibility for the safety and orderly operation of the pool. The Pool Manager may deny the use of a section of the pool to any person of any age that does not exhibit adequate proficiency for that section. Any situation not covered within these rules will be subject to the judgment of the Pool Manager. The Pool Manager and lifeguards are instructed not to take orders from members. Failure to obey the direction of a lifeguard is cause for temporary removal from the facility.
b) The Pool Manager has complete authority to eject anyone at any time from the pool enclosure for the remainder of the day.
c) Serious or repeated infractions of the rules and regulations will be documented and will also be reported to the Board of Directors for appropriate action which may include suspension of pool privileges for the individual or the entire household.
d) Any matter requiring immediate action should be discussed with the Pool Manager. Members with comments or complaints about the operation of the pool should submit them in writing to Stanley Recreation Club, Inc., PO Box 2, Stanley, NC 28164.
e) The Stanley Police Department has written permission to arrest all trespassers.
SECTION 2: GENERAL RULES
a) All swimmers must wear appropriate bathing suits. No cut-off jeans are allowed in the pool. Infants must wear tight fitting rubber pants over diapers or training pants, followed by a swim style bathing suit.
b) No children under the age of 10 years old will be allowed on the pool grounds without a parent or guardian. A guardian must be 15 years of age and a Waiver of Responsibility must be signed by the parent and approved by the Pool Manager. The guardian must be attentive to the child in the water! Children 10 and older must be able to swim the length of the pool to the Pool Manager’s or lifeguard’s satisfaction to be left without a parent or guardian.
c) To swim in the lane pool, a child must have beginner swimming skills or must swim to the approval of the Pool Manager or lifeguard. Without these skills, a parent or guardian must be in or at the edge of the water at all times.
d) Swimmies may be worn in the lane pool, but a parent or guardian must be in the water with them at all times.
e) Glass bottles, jars, or other glass containers are prohibited in the pool enclosure.
f) Running, pushing, wrestling, dunking or causing undue disturbances in or around the pool area is prohibited.
g) No animals or pets are allowed in the pool or pool area.
h) No talking to the lifeguards while they are on duty, except for pool business.
i) Abusive, offensive, or profane language is prohibited. Unruly, offensive behavior is prohibited.
j) Admission will be refused to anyone with skin abrasions, bandages, infections, colds or signs of intoxication.
k) All members will respect the property rights of homeowners in the neighborhood. Do not use lawns for shortcuts or in any way violate the rights of others.
l) No persons under the influence of alcoholic beverages or drugs will be permitted on the pool property.
m) No persons will use the pool facilities unless it is officially open and the lifeguards are on duty.
n) All injuries that occur on the premises must be reported immediately to the Pool Manager.
RULES AND REGULATIONS OF THE
STANLEY RECREATION CLUB, INCORPORATED
Stanley, North Carolina 28164
o) A first aid kit is located at the front desk.
p) The cost of any property damage will be charged to the member responsible.
q) The pool will not be responsible for the loss of, or damage to personal property.
r) Radios and CD/tape players are prohibited except when earphones are used.
s) Masks must be of the plastic or tempered-glass type.
t) Tables on the deck area may not be reserved by placing towels and/or personal belongings on them.
u) In case of lightning, everyone will be asked to leave the pool area.
v) Disregarding pool rules will result in the suspension of pool privileges.
SECTION 3: DIVING
a) Divers must be able to swim the length of the pool to the Pool Manager’s or lifeguard’s satisfaction to be eligible to dive off the boards.
b) Only one person is permitted on a diving board or ladder at any time.
c) Divers will not dive until the previous diver has cleared the area below the board.
d) After surfacing, a diver must swim directly to the nearest ladder without delay.
e) Excessive bouncing or horseplay of any kind is prohibited on the diving boards.
f) All dives must be made from the front of the board.
g) During diving time, flotation devices of any type are prohibited in the diving area, even when such devices are authorized for other parts of the pool.
h) Lifeguards may close the diving board if they feel there is any safety problem.
SECTION 4: BABY POOL RULES
a) Only children 5 years of age or younger may use the baby pool.
b) All children using the baby pool must be accompanied by a Responsible Person who must remain within the baby pool enclosure at all times.
SECTION 5: GUESTS
a) The use of the pool is restricted to members and their guests. Guests must be accompanied by a member who is a Responsible Person and must depart the pool facility when the member departs. All visitors must be with a pool member.
b) The guest fee is $5.00 per day, per guest. All guests and members must register when entering the pool area.
c) Visitor days will be determined each year by the current Board of Directors.
d) Guests who live outside the 15-mile radius of the pool may visit any day.
e) Members will be responsible for the conduct of their guests, and for any damage to the pool property. If a guest damages pool property, the cost of the damage will be charged to the member.
SECTION 6: BABYSITTER MEMBERSHIP RULES
a) Upon Board’s approval, and payment of the babysitter membership fee, the babysitter becomes a “Responsible Person”.
b) The babysitter is only allowed to visit the pool if accompanied by the member’s child for whom he/she is responsible.
c) Other than the child for whom he/she is responsible, the babysitter is not authorized to bring guests to the pool.
d) If the child that is in the care of the babysitter leaves the pool premises (pool, tennis courts), then the babysitter must accompany the child. The babysitter cannot remain at the pool without the child.
e) The babysitter cannot leave the pool premises without the child for whom he/she is responsible.
f) Like all club members, babysitters are expected to abide by the pool rules. Inappropriate behavior will not be tolerated.
g) If these rules are violated, the babysitter’s membership may be revoked. Note that babysitter memberships are nonrefundable.
BY-LAWS OF
STANLEY RECREATION CLUB, INCORPORATED
STANLEY, NORTH CAROLINA 28164
(As Amended 02-16-2010)
ARTICLE I
Name
The name of the Corporation is Stanley Recreation Club, Inc., as provided in the Articles of Incorporation.
ARTICLE II
Object
The purposes for which this Corporation is organized to promote the health and general welfare of its members, and in pursuance thereof, to provide swimming and complimentary recreational facilities, together with such incidental objects as are appropriate in the conduct of its activities as provided for in the Articles of Incorporation, in the City of Stanley, County of Gaston, and State of North Carolina, for the exclusive use of its members and their families.
ARTICLE III
Government
Section 1. Management of Corporation
The Corporation shall be managed by a Board of Directors consisting of not less than seven (7) members, to be elected as hereinafter provided. The Board shall consist of ten members until said number shall be changed by amendment to these By-Laws.
Section 2. Election of Directors
At each annual meeting of the members of the Corporation five directors shall be elected from among the members for a term of two years and until their successors shall have been duly elected and qualified.
Section 3. Disqualification of Directors
No member shall be qualified to be elected to the Board of Directors unless, and until, all dues shall have been paid in full as of the date of the election.
Any member of the Board of Directors whose dues are not current, or who shall owe the Corporation any amount of money for any reason hereinafter provided in these By-Laws, shall automatically cease to be a member or the Board of Directors.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. General Powers
The Directors shall have the general management and control of the business and affairs of the Corporation and shall exercise all the powers of or that may be exercised or performed by the Corporation under the General Statutes of North Carolina, the Articles of Incorporation, and these By-Laws including, but not limited to, the following.
(A) Transact all Corporation business as hereinabove set forth.
(B) Make and amend rules and regulations for the use of the Corporation’s property.
(C) Appoint and remove officers, clerks, agents, servants, or employees as it may deem necessary, and fix their duties and compensations.
(D) Fix, impose, and remit penalties for violations for these By-Laws and Rules and Regulations of the Corporation to the extent set forth in these By-Laws.
(E) Elect from the Board of Directors a President, a Vice President -- Administrative, a Vice President -- Pool and Grounds, a Secretary, and a Treasurer. That all of the officers serve without compensation except for the President, Secretary, and Treasurer who shall be exempt from paying dues for the years which they serve.
(F) The Board of Directors shall constitute and appoint committees and define the powers and duties of the same.
(G) The Board of Directors shall fill any vacancy in the membership of the Board of Directors to serve until the next meeting in the Membership.
ARTICLE V
OFFICERS
Section 1. Election and Terms
The officers of this Corporation shall consist of a President, a Vice President -- Administrative, a Vice President -- Pool and Grounds, a Secretary, and a Treasurer. These officers shall be elected annually by the Board of Directors from among its members for a term of one (1) year at the annual meeting of the members of the Corporation, and shall hold office until their successors are elected and qualified.
Section 2. President
The President shall be the chief executive officer for the Corporation; he shall preside at all meetings of the members and directors and shall have general supervision of the affairs of the corporation. He shall appoint, subject to confirmation by the Board of Directors, all standing committees, designating the chairman thereof, and all special committees as may be directed. He shall be, ex officio, a member of all committees.
Section 3. Vice President -- Administrative
During the absence of or disability of the President, the Vice President --Administrative shall exercise all the functions of the President. He shall, under the direction of the President, attend to the business and financial operations of the Corporation and shall be the chairman of the Finance Committee. He shall be, ex officio, a member of all committees.
Section 4. Vice President -- Pool and Grounds
During the absence or disability of the President or Vice President -- Administrative, the Vice President -- Pool and Grounds shall exercise all the functions of the President. He shall under the direction of the President attend to the operation and maintenance of the physical plant and properties of the Corporation and shall be chairman of the Pool and Grounds Committee.
Section 5. Secretary
The Secretary of the Corporation shall act as secretary of all Corporation meetings and shall keep minutes of such meetings in a book to be kept for that purpose and record all notes taken at all corporate meetings. He shall be the custodian of the seal of the Corporation and shall attest the same when it is required to be affixed to all conveyances, contracts, and agreements of the corporation. He shall sign with the President certificates of membership, keep the membership books, transfer books, perform all duties generally required to be given by these By-Laws.
Section 6. Treasurer
The Treasurer shall perform all the duties generally required and expected of a treasurer; and as such, he shall collect, receive, and hold the monies of the Corporation, endorse and collect all checks and negotiable instruments, and keep full and accurate accounts of the receipts and disbursements of the Corporation, rendering a full account at each regular meeting of the members, and as often as called upon by the Board of Directors. He shall be properly bonded as designated by the Board of Directors.
ARTICLE VI
MEMBERS
Section 1. Definition
Membership in the Corporation shall consist of family units, which shall include all regular members of a single household, when recommended by a member for acceptance into the Corporation and upon election to membership by a majority of the Board of Directors, and upon the payment of the fees and dues as herein set forth. Membership in this Corporation shall be by election by the Board of Directors, and by no other means whatsoever. A duly approved family unit shall be issued a Certificate of Membership upon receipt of the membership fee as determined in Article VII, Section 2.
Section 2. Special Membership
A special member of the household, not a member of the immediate family, may use the recreational facilities of the Corporation subject to the rules and regulations of the Corporation under the following conditions.
(A) The fee charged said special member is to be determined by the Board of Directors, and must be paid as a condition precedent to the use of any of the Corporation Facilities.
(B) That the privilege of such use of the facilities of the Corporation as hereinabove stated, shall be approved by the Board of Directors for a period to be determined by the Board.
(C) The period so approved by the Board of Directors shall extend no longer than the first meeting of the Board of Directors following the annual meeting of the Membership after the date of privilege issuance. In no instance shall said privilege extend, after issuance, for a period of more than a year, without renewal by the Board of Directors as herein provided for.
Section 3. Withdrawal of Membership
A family membership in this Corporation may be withdrawn at any time upon approval of a majority of the Board of Directors, and upon compliance with the provisions hereinafter set forth. Membership withdrawal shall be subject to the provisions of Article VII of these By-Laws as if said member had moved.
Section 4. Suspension and Expulsion
(A) Any member may, for just cause and after having been given an opportunity for a hearing, be suspended for a period of not exceeding three months by a two-thirds (2/3) vote of the members of the Board of Directors present at any meeting thereof; or be expelled by a three-forth (3/4) vote of the entire membership of the Board of Directors.
Cause for suspension or expulsion shall, in general consist of violation of these By-Laws or of the Rules of the Corporation, or of conduct unbecoming a lady or gentleman.
(B) The Board of Directors may delegate to the Chairman of the Pool and Grounds Committee, or to a responsible employee of the Corporation, or to any other persons so designated by the Board of Directors, the power to suspend pool privileges for the violation of the Rules and Regulations of the Corporation, provided such suspension does not exceed a period of seven (7) days.
A written report of such suspension, containing reasons therefore, shall be submitted to the President within twenty-four (24) hours after such action has been taken.
Section 5. Rules and Regulations
(A) All members of the Corporation shall be accorded the Facilities of the Corporation subject to the pool rules and regulations, which shall be posted at all times in the facilities of the Corporation.
(B) A receipt membership card shall be issued by the Treasurer upon payment of dues to each member family along with current year’s identification tags for each person in the family.
(C) The Board of Directors shall fix the terms and conditions upon which guests of members may use the facilities of the Corporation.
(D) Any property of the Corporation broken or damaged by a member or his guest shall be promptly paid for by such member, with reasonable wear and tear excluded. No person shall take any article belonging to the Corporation for his own personal use away from the facilities of the Corporation.
(E) The Corporation assumes no responsibility and members or their guest cannot have any claims against the Corporation for the property of members or any guest which may be brought into or left in the Corporation buildings or on the corporation’s grounds or facilities.
(F) No intoxicating beverage shall be brought on the Corporation grounds, nor shall any person under the influence of intoxicants be admitted onto the grounds of the Corporation, or use of its facilities.
(G) No gambling shall be allowed or participated in on any of the premises of this Corporation or its facilities.
(H) The Corporation assumes no responsibility, and members or their guests can have no claim against the Corporation for any accident or injury to any person or their property.
Section 6. Membership Limit
The maximum number of family memberships in the Corporation shall be established at two hundred twenty (220), said membership subject to the approval of the Board of Directors.
Section 7. Payment of Dues and Penalty
(A) No member family of the Corporation may use the Corporation facilities until all annual fees are paid in full, and any family failing to pay the annual dues shall forfeit their rights and privileges to use the Corporation facilities, and shall be considered inactive members. Members who have not paid dues or assessments by July 1st of the current year shall be considered to have requested termination of their membership. Any remaining par value of a Membership Certificate (issued prior to the date of 2/27/03 By-Laws amendment date) shall be refunded.
(B) Inactive members may not have the guest privileges of the pool or corporate facilities, nor may they attend as the guest of an active member.
ARTICLE VII
Dues and Fees
Section 1. Establishment and Amount
(A) The Board of Directors, at its first meeting after the annual meeting of the membership, shall establish dues for family membership for the ensuing year sufficient to provide for the necessary operation expenses of the Corporation and the proper maintenance and improvement of its property.
(B) The annual dues for members holding membership certificates are due and payable by all members holding certificates as of April 1st each year.
(C) No dues or part thereof shall be refunded in the event that pool operations are required to be suspended for any period.
(D) If deemed necessary for proper upkeep of the facilities, the Board of Directors may direct that a special assessment be levied against the membership.
(E) Dues not paid by May 1st are assessed an additional fee of $25.00 per month until the dues are paid, however, the total amount will not exceed $50.00 per year. (Refer also to Article VI, Section 7(A) for additional details.)
Section 2. Membership Fees
The costs (or fees) for the purchase of a non-refundable Membership in this Corporation shall be set by the Board of Directors on an annual basis with a minimum equal to no less than $100.00. [Note: The non-refundable fee is for new memberships approved after the effective date of this By-Laws amendment – 2/16/2010.] Membership Certificates purchased prior to 2/27/2003 continue to have redeemable value and their owner retains the right to sell the certificate back to the Corporation, subject to the other rules within Sections 3, 4, and 5 of this article. Specific references within this article regarding Membership Certificate sale, redemption, indebtedness, and nonpayment of dues or assessments apply only to those owning a membership prior to the date of 2/27/2003.
Section 3. Transferability and Termination
Certificates of membership shall not be transferable and shall contain an appropriate notation to that effect on the fact thereof. [Except for payment as hereinafter provided each certificate shall become null and void upon the date that the holder thereof moves from the residence in which he lived at the time of purchase of said certificate to another residence more than a 15 mile radius from the pool.] When a certificate holder decides to sell, or membership is terminated for any reason whatsoever, the certificate shall be turned over to the Corporation for reassignment (or sale) to a family desiring membership in said Corporation. The certificate shall be redeemed by the Corporation only. The certificate shall be redeemed from the Corporation; or may be redeemed immediately, at the discretion of the Board of Directors.
If any membership is terminated by expulsion as herein provided, it is the same as if such member had moved.
Members who desire to terminate membership must so indicate by a written request to the Board of Directors. Inactive members continue to accrue indebtedness for dues and assessments until the written request has been received by the Corporation Secretary. Memberships shall be redeemed by the Corporation in the order that said requests are received by the Secretary.
Section 4. Payment on Dissolution
In the event of the dissolution of the Corporation as provided for under the General Statutes of North Carolina, in any matter for any cause, and in no other event, upon the effective date of dissolution of the Corporation, Certificates of Membership shall be lien upon the proceeds of the sale of the property of the Corporation after the payment of all corporate debts and obligations to the extent of the then par value of said certificates as fixed by these By-Laws, subject to the set-off of all debts, dues, and obligations owed to the Corporation by the holder of said certificates.
Any and all surplus monies then remaining in the treasury of this Corporation shall be paid and disbursed as provided in Article VIII of the Articles of Incorporation.
Section 5. Limitations on Purchase of Certificates by Corporation
Upon cessation of membership for any cause by a member of the Corporation, all indebtedness owing to the Corporation shall be a lien upon and charged against the par value of his Certificate, and the Certificate may be taken over by the Corporation to satisfy such indebtedness. In the event the Corporation is unable to obtain physical possession of the Certificate of Membership issued such member, it may be cancelled on the books of the last known address of member after ten (10) days notice by registered mail, and a new certificate issued in place thereof to a newly elected member upon payment by said new member of the amounts hereinabove set forth. In case of the enforcement of a lien as hereinabove provided, neither the signature of the holder of such certificate nor the delivery of the certificate shall be prerequisite to perfect the transfer to the Corporation, or to a new member, and the Treasurer of the Corporation is hereby authorized, as attorney of the holder of such certificate, to make such transfer.
Every Certificate of Membership issued is expressly subject to the terms and conditions of these By-Laws.
Section 6. Members Responsibility for Themselves and Guest
Members shall be responsible for the payment of all charges or liabilities that may be imposed upon or incurred by members of their family to whom the privileges of the Corporation shall have been extended; and for all charges and liabilities imposed upon or incurred by their guest.
Section 7. Taxes
All fees and other charges mentioned in these By-Laws are exclusive of taxes, if any, imposed by the Federal, State, or other governmental body or agency.
Article VIII
Meetings
Section 1. Annual Meeting
The annual meeting of the Corporation shall be held during the month of February each year, at such place and at such time as the Board of Directors may determine. The meeting shall be conducted according to Roberts Rules of Order, Revised.
The annual meeting shall be for the purpose of electing Directors, presenting committee reports, and for the transaction of such other business as may be regularly brought before it, or of such business as may be indicated in the notice of such meeting.
Section 2. Special Meetings
Special Meetings of the Corporation may be called by the Board of Directors. Also, upon written request of ten percent (10%) of the membership by the Secretary stating the purpose thereof, a special meeting shall be called by the Secretary within thirty (30) days after receipt of such request.
Section 3. Notice of Meetings
(A) Notice of the Annual Meeting shall be given by mail to the members at least five (5) days prior thereto. The notice of the Annual Meeting shall include the names of the candidates nominated by the Nominating Committee.
(B) Section 3 (A) above is not intended to be inclusive, and independent nominations may be made from the floor.
(C) Special meetings of the Corporation may be held, as hereinabove provided, on five (5) days notice by mail to all members. The notice shall state the purpose for which the meeting is called, and no other business shall be transacted thereat.
Section 4. Voting
Only active membership families shall be entitled to vote at meetings of the Corporation, and only one vote is allowed for each active membership.
Section 5. Quorum
Ten percent (10%) of the active family memberships, present in person, shall constitute a quorum at all Corporation meetings.
Section 6. Mailing of Notice to Last Address
When in these By-Laws notice to members is required, the mailing of such notices to the last known address of the members shall constitute notice.
Article IX
Board of Directors
Section 1. Meetings
(A) The Board of Directors shall hold its first meeting following the Annual Meeting of the members each year as promptly as possible and practicable.
(B) The Board of Directors may, by resolution, establish from time to time a schedule of its meetings and rules for the conduct thereof.
(C) Special meetings of the Board of Directors may be called by the President and shall be called by the Secretary upon request of 2 members of the Board.
(D) Each member of the Board shall be notified at least five (5) days prior thereto of each meeting of the Board.
(E) The Board of Directors shall meet at least once each month during the months of April, May, June, July, August, and September, and at other such times and intervals as they may deem necessary.
(F) A majority of members of the Board shall constitute a quorum.
Section 2. Deposit of Funds
The Board of Directors shall designate the manner in which checks, drafts, or other negotiable instruments for payment of funds for the Corporation shall be executed.
Section 3. Audit
The Board of Directors shall cause the books of the Corporation to be audited annually by auditors selected by the Directors, who shall neither be Directors nor officers of the Corporation, and the report of the auditors shall be available to the members at all times.
Section 4. Removal of Director
Any member of the Board of Directors may be removed from office by a majority vote of the membership present in person at either the Annual Meeting or a special meeting called in accordance with these By-Laws.
Section 5. Indemnification of Directors
(A) Each person who acts as a Director or officer of this Corporation shall be indemnified to secure against loss or damage by the Corporation against expenses actually incurred by him in connection with the defense of any action, suit, or proceeding in which he is made party by reason of his being or having been a Director or officer of the Corporation, except in relation to matters as to which he shall be adjudged in such action, suit, or proceeding to be liable for gross negligence or willful misconduct and except any sum paid for the Corporation in settlement of an action, suit, or proceeding based on gross negligence or willful misconduct in the performance of his duties.
(B) The right to indemnification provided herein shall insure to each Director and other officer referred to in (A) whether or not he is such Director or Officer at the time such costs or expenses are imposed or incurred; and, in the event of his death, shall extend to his legal representatives.
Article X
Miscellaneous
Section 1. Interpretation of By-Laws
Any questions as to the meaning of proper interpretation of any of the provisions of these By-Laws shall be determined by the Board of Directors.
Section 2. Right to Amend By-Laws
These By-Laws may be amended by two thirds (2/3) majority vote of the members present at a membership meeting, a quorum being present, provided the call for such meeting shall contain a statement that the By-Laws or amendments will be voted upon at such meeting.
Section 3. Conformity to Law
All rules and By-Laws pertaining to the operation of the Corporation will conform to all safety, health, and other pertinent requirements to the purposes of this Corporation of the Federal, State, or Local governments.
STANLEY RECREATION CLUB, INCORPORATED
STANLEY, NORTH CAROLINA 28164
(As Amended 02-16-2010)
ARTICLE I
Name
The name of the Corporation is Stanley Recreation Club, Inc., as provided in the Articles of Incorporation.
ARTICLE II
Object
The purposes for which this Corporation is organized to promote the health and general welfare of its members, and in pursuance thereof, to provide swimming and complimentary recreational facilities, together with such incidental objects as are appropriate in the conduct of its activities as provided for in the Articles of Incorporation, in the City of Stanley, County of Gaston, and State of North Carolina, for the exclusive use of its members and their families.
ARTICLE III
Government
Section 1. Management of Corporation
The Corporation shall be managed by a Board of Directors consisting of not less than seven (7) members, to be elected as hereinafter provided. The Board shall consist of ten members until said number shall be changed by amendment to these By-Laws.
Section 2. Election of Directors
At each annual meeting of the members of the Corporation five directors shall be elected from among the members for a term of two years and until their successors shall have been duly elected and qualified.
Section 3. Disqualification of Directors
No member shall be qualified to be elected to the Board of Directors unless, and until, all dues shall have been paid in full as of the date of the election.
Any member of the Board of Directors whose dues are not current, or who shall owe the Corporation any amount of money for any reason hereinafter provided in these By-Laws, shall automatically cease to be a member or the Board of Directors.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. General Powers
The Directors shall have the general management and control of the business and affairs of the Corporation and shall exercise all the powers of or that may be exercised or performed by the Corporation under the General Statutes of North Carolina, the Articles of Incorporation, and these By-Laws including, but not limited to, the following.
(A) Transact all Corporation business as hereinabove set forth.
(B) Make and amend rules and regulations for the use of the Corporation’s property.
(C) Appoint and remove officers, clerks, agents, servants, or employees as it may deem necessary, and fix their duties and compensations.
(D) Fix, impose, and remit penalties for violations for these By-Laws and Rules and Regulations of the Corporation to the extent set forth in these By-Laws.
(E) Elect from the Board of Directors a President, a Vice President -- Administrative, a Vice President -- Pool and Grounds, a Secretary, and a Treasurer. That all of the officers serve without compensation except for the President, Secretary, and Treasurer who shall be exempt from paying dues for the years which they serve.
(F) The Board of Directors shall constitute and appoint committees and define the powers and duties of the same.
(G) The Board of Directors shall fill any vacancy in the membership of the Board of Directors to serve until the next meeting in the Membership.
ARTICLE V
OFFICERS
Section 1. Election and Terms
The officers of this Corporation shall consist of a President, a Vice President -- Administrative, a Vice President -- Pool and Grounds, a Secretary, and a Treasurer. These officers shall be elected annually by the Board of Directors from among its members for a term of one (1) year at the annual meeting of the members of the Corporation, and shall hold office until their successors are elected and qualified.
Section 2. President
The President shall be the chief executive officer for the Corporation; he shall preside at all meetings of the members and directors and shall have general supervision of the affairs of the corporation. He shall appoint, subject to confirmation by the Board of Directors, all standing committees, designating the chairman thereof, and all special committees as may be directed. He shall be, ex officio, a member of all committees.
Section 3. Vice President -- Administrative
During the absence of or disability of the President, the Vice President --Administrative shall exercise all the functions of the President. He shall, under the direction of the President, attend to the business and financial operations of the Corporation and shall be the chairman of the Finance Committee. He shall be, ex officio, a member of all committees.
Section 4. Vice President -- Pool and Grounds
During the absence or disability of the President or Vice President -- Administrative, the Vice President -- Pool and Grounds shall exercise all the functions of the President. He shall under the direction of the President attend to the operation and maintenance of the physical plant and properties of the Corporation and shall be chairman of the Pool and Grounds Committee.
Section 5. Secretary
The Secretary of the Corporation shall act as secretary of all Corporation meetings and shall keep minutes of such meetings in a book to be kept for that purpose and record all notes taken at all corporate meetings. He shall be the custodian of the seal of the Corporation and shall attest the same when it is required to be affixed to all conveyances, contracts, and agreements of the corporation. He shall sign with the President certificates of membership, keep the membership books, transfer books, perform all duties generally required to be given by these By-Laws.
Section 6. Treasurer
The Treasurer shall perform all the duties generally required and expected of a treasurer; and as such, he shall collect, receive, and hold the monies of the Corporation, endorse and collect all checks and negotiable instruments, and keep full and accurate accounts of the receipts and disbursements of the Corporation, rendering a full account at each regular meeting of the members, and as often as called upon by the Board of Directors. He shall be properly bonded as designated by the Board of Directors.
ARTICLE VI
MEMBERS
Section 1. Definition
Membership in the Corporation shall consist of family units, which shall include all regular members of a single household, when recommended by a member for acceptance into the Corporation and upon election to membership by a majority of the Board of Directors, and upon the payment of the fees and dues as herein set forth. Membership in this Corporation shall be by election by the Board of Directors, and by no other means whatsoever. A duly approved family unit shall be issued a Certificate of Membership upon receipt of the membership fee as determined in Article VII, Section 2.
Section 2. Special Membership
A special member of the household, not a member of the immediate family, may use the recreational facilities of the Corporation subject to the rules and regulations of the Corporation under the following conditions.
(A) The fee charged said special member is to be determined by the Board of Directors, and must be paid as a condition precedent to the use of any of the Corporation Facilities.
(B) That the privilege of such use of the facilities of the Corporation as hereinabove stated, shall be approved by the Board of Directors for a period to be determined by the Board.
(C) The period so approved by the Board of Directors shall extend no longer than the first meeting of the Board of Directors following the annual meeting of the Membership after the date of privilege issuance. In no instance shall said privilege extend, after issuance, for a period of more than a year, without renewal by the Board of Directors as herein provided for.
Section 3. Withdrawal of Membership
A family membership in this Corporation may be withdrawn at any time upon approval of a majority of the Board of Directors, and upon compliance with the provisions hereinafter set forth. Membership withdrawal shall be subject to the provisions of Article VII of these By-Laws as if said member had moved.
Section 4. Suspension and Expulsion
(A) Any member may, for just cause and after having been given an opportunity for a hearing, be suspended for a period of not exceeding three months by a two-thirds (2/3) vote of the members of the Board of Directors present at any meeting thereof; or be expelled by a three-forth (3/4) vote of the entire membership of the Board of Directors.
Cause for suspension or expulsion shall, in general consist of violation of these By-Laws or of the Rules of the Corporation, or of conduct unbecoming a lady or gentleman.
(B) The Board of Directors may delegate to the Chairman of the Pool and Grounds Committee, or to a responsible employee of the Corporation, or to any other persons so designated by the Board of Directors, the power to suspend pool privileges for the violation of the Rules and Regulations of the Corporation, provided such suspension does not exceed a period of seven (7) days.
A written report of such suspension, containing reasons therefore, shall be submitted to the President within twenty-four (24) hours after such action has been taken.
Section 5. Rules and Regulations
(A) All members of the Corporation shall be accorded the Facilities of the Corporation subject to the pool rules and regulations, which shall be posted at all times in the facilities of the Corporation.
(B) A receipt membership card shall be issued by the Treasurer upon payment of dues to each member family along with current year’s identification tags for each person in the family.
(C) The Board of Directors shall fix the terms and conditions upon which guests of members may use the facilities of the Corporation.
(D) Any property of the Corporation broken or damaged by a member or his guest shall be promptly paid for by such member, with reasonable wear and tear excluded. No person shall take any article belonging to the Corporation for his own personal use away from the facilities of the Corporation.
(E) The Corporation assumes no responsibility and members or their guest cannot have any claims against the Corporation for the property of members or any guest which may be brought into or left in the Corporation buildings or on the corporation’s grounds or facilities.
(F) No intoxicating beverage shall be brought on the Corporation grounds, nor shall any person under the influence of intoxicants be admitted onto the grounds of the Corporation, or use of its facilities.
(G) No gambling shall be allowed or participated in on any of the premises of this Corporation or its facilities.
(H) The Corporation assumes no responsibility, and members or their guests can have no claim against the Corporation for any accident or injury to any person or their property.
Section 6. Membership Limit
The maximum number of family memberships in the Corporation shall be established at two hundred twenty (220), said membership subject to the approval of the Board of Directors.
Section 7. Payment of Dues and Penalty
(A) No member family of the Corporation may use the Corporation facilities until all annual fees are paid in full, and any family failing to pay the annual dues shall forfeit their rights and privileges to use the Corporation facilities, and shall be considered inactive members. Members who have not paid dues or assessments by July 1st of the current year shall be considered to have requested termination of their membership. Any remaining par value of a Membership Certificate (issued prior to the date of 2/27/03 By-Laws amendment date) shall be refunded.
(B) Inactive members may not have the guest privileges of the pool or corporate facilities, nor may they attend as the guest of an active member.
ARTICLE VII
Dues and Fees
Section 1. Establishment and Amount
(A) The Board of Directors, at its first meeting after the annual meeting of the membership, shall establish dues for family membership for the ensuing year sufficient to provide for the necessary operation expenses of the Corporation and the proper maintenance and improvement of its property.
(B) The annual dues for members holding membership certificates are due and payable by all members holding certificates as of April 1st each year.
(C) No dues or part thereof shall be refunded in the event that pool operations are required to be suspended for any period.
(D) If deemed necessary for proper upkeep of the facilities, the Board of Directors may direct that a special assessment be levied against the membership.
(E) Dues not paid by May 1st are assessed an additional fee of $25.00 per month until the dues are paid, however, the total amount will not exceed $50.00 per year. (Refer also to Article VI, Section 7(A) for additional details.)
Section 2. Membership Fees
The costs (or fees) for the purchase of a non-refundable Membership in this Corporation shall be set by the Board of Directors on an annual basis with a minimum equal to no less than $100.00. [Note: The non-refundable fee is for new memberships approved after the effective date of this By-Laws amendment – 2/16/2010.] Membership Certificates purchased prior to 2/27/2003 continue to have redeemable value and their owner retains the right to sell the certificate back to the Corporation, subject to the other rules within Sections 3, 4, and 5 of this article. Specific references within this article regarding Membership Certificate sale, redemption, indebtedness, and nonpayment of dues or assessments apply only to those owning a membership prior to the date of 2/27/2003.
Section 3. Transferability and Termination
Certificates of membership shall not be transferable and shall contain an appropriate notation to that effect on the fact thereof. [Except for payment as hereinafter provided each certificate shall become null and void upon the date that the holder thereof moves from the residence in which he lived at the time of purchase of said certificate to another residence more than a 15 mile radius from the pool.] When a certificate holder decides to sell, or membership is terminated for any reason whatsoever, the certificate shall be turned over to the Corporation for reassignment (or sale) to a family desiring membership in said Corporation. The certificate shall be redeemed by the Corporation only. The certificate shall be redeemed from the Corporation; or may be redeemed immediately, at the discretion of the Board of Directors.
If any membership is terminated by expulsion as herein provided, it is the same as if such member had moved.
Members who desire to terminate membership must so indicate by a written request to the Board of Directors. Inactive members continue to accrue indebtedness for dues and assessments until the written request has been received by the Corporation Secretary. Memberships shall be redeemed by the Corporation in the order that said requests are received by the Secretary.
Section 4. Payment on Dissolution
In the event of the dissolution of the Corporation as provided for under the General Statutes of North Carolina, in any matter for any cause, and in no other event, upon the effective date of dissolution of the Corporation, Certificates of Membership shall be lien upon the proceeds of the sale of the property of the Corporation after the payment of all corporate debts and obligations to the extent of the then par value of said certificates as fixed by these By-Laws, subject to the set-off of all debts, dues, and obligations owed to the Corporation by the holder of said certificates.
Any and all surplus monies then remaining in the treasury of this Corporation shall be paid and disbursed as provided in Article VIII of the Articles of Incorporation.
Section 5. Limitations on Purchase of Certificates by Corporation
Upon cessation of membership for any cause by a member of the Corporation, all indebtedness owing to the Corporation shall be a lien upon and charged against the par value of his Certificate, and the Certificate may be taken over by the Corporation to satisfy such indebtedness. In the event the Corporation is unable to obtain physical possession of the Certificate of Membership issued such member, it may be cancelled on the books of the last known address of member after ten (10) days notice by registered mail, and a new certificate issued in place thereof to a newly elected member upon payment by said new member of the amounts hereinabove set forth. In case of the enforcement of a lien as hereinabove provided, neither the signature of the holder of such certificate nor the delivery of the certificate shall be prerequisite to perfect the transfer to the Corporation, or to a new member, and the Treasurer of the Corporation is hereby authorized, as attorney of the holder of such certificate, to make such transfer.
Every Certificate of Membership issued is expressly subject to the terms and conditions of these By-Laws.
Section 6. Members Responsibility for Themselves and Guest
Members shall be responsible for the payment of all charges or liabilities that may be imposed upon or incurred by members of their family to whom the privileges of the Corporation shall have been extended; and for all charges and liabilities imposed upon or incurred by their guest.
Section 7. Taxes
All fees and other charges mentioned in these By-Laws are exclusive of taxes, if any, imposed by the Federal, State, or other governmental body or agency.
Article VIII
Meetings
Section 1. Annual Meeting
The annual meeting of the Corporation shall be held during the month of February each year, at such place and at such time as the Board of Directors may determine. The meeting shall be conducted according to Roberts Rules of Order, Revised.
The annual meeting shall be for the purpose of electing Directors, presenting committee reports, and for the transaction of such other business as may be regularly brought before it, or of such business as may be indicated in the notice of such meeting.
Section 2. Special Meetings
Special Meetings of the Corporation may be called by the Board of Directors. Also, upon written request of ten percent (10%) of the membership by the Secretary stating the purpose thereof, a special meeting shall be called by the Secretary within thirty (30) days after receipt of such request.
Section 3. Notice of Meetings
(A) Notice of the Annual Meeting shall be given by mail to the members at least five (5) days prior thereto. The notice of the Annual Meeting shall include the names of the candidates nominated by the Nominating Committee.
(B) Section 3 (A) above is not intended to be inclusive, and independent nominations may be made from the floor.
(C) Special meetings of the Corporation may be held, as hereinabove provided, on five (5) days notice by mail to all members. The notice shall state the purpose for which the meeting is called, and no other business shall be transacted thereat.
Section 4. Voting
Only active membership families shall be entitled to vote at meetings of the Corporation, and only one vote is allowed for each active membership.
Section 5. Quorum
Ten percent (10%) of the active family memberships, present in person, shall constitute a quorum at all Corporation meetings.
Section 6. Mailing of Notice to Last Address
When in these By-Laws notice to members is required, the mailing of such notices to the last known address of the members shall constitute notice.
Article IX
Board of Directors
Section 1. Meetings
(A) The Board of Directors shall hold its first meeting following the Annual Meeting of the members each year as promptly as possible and practicable.
(B) The Board of Directors may, by resolution, establish from time to time a schedule of its meetings and rules for the conduct thereof.
(C) Special meetings of the Board of Directors may be called by the President and shall be called by the Secretary upon request of 2 members of the Board.
(D) Each member of the Board shall be notified at least five (5) days prior thereto of each meeting of the Board.
(E) The Board of Directors shall meet at least once each month during the months of April, May, June, July, August, and September, and at other such times and intervals as they may deem necessary.
(F) A majority of members of the Board shall constitute a quorum.
Section 2. Deposit of Funds
The Board of Directors shall designate the manner in which checks, drafts, or other negotiable instruments for payment of funds for the Corporation shall be executed.
Section 3. Audit
The Board of Directors shall cause the books of the Corporation to be audited annually by auditors selected by the Directors, who shall neither be Directors nor officers of the Corporation, and the report of the auditors shall be available to the members at all times.
Section 4. Removal of Director
Any member of the Board of Directors may be removed from office by a majority vote of the membership present in person at either the Annual Meeting or a special meeting called in accordance with these By-Laws.
Section 5. Indemnification of Directors
(A) Each person who acts as a Director or officer of this Corporation shall be indemnified to secure against loss or damage by the Corporation against expenses actually incurred by him in connection with the defense of any action, suit, or proceeding in which he is made party by reason of his being or having been a Director or officer of the Corporation, except in relation to matters as to which he shall be adjudged in such action, suit, or proceeding to be liable for gross negligence or willful misconduct and except any sum paid for the Corporation in settlement of an action, suit, or proceeding based on gross negligence or willful misconduct in the performance of his duties.
(B) The right to indemnification provided herein shall insure to each Director and other officer referred to in (A) whether or not he is such Director or Officer at the time such costs or expenses are imposed or incurred; and, in the event of his death, shall extend to his legal representatives.
Article X
Miscellaneous
Section 1. Interpretation of By-Laws
Any questions as to the meaning of proper interpretation of any of the provisions of these By-Laws shall be determined by the Board of Directors.
Section 2. Right to Amend By-Laws
These By-Laws may be amended by two thirds (2/3) majority vote of the members present at a membership meeting, a quorum being present, provided the call for such meeting shall contain a statement that the By-Laws or amendments will be voted upon at such meeting.
Section 3. Conformity to Law
All rules and By-Laws pertaining to the operation of the Corporation will conform to all safety, health, and other pertinent requirements to the purposes of this Corporation of the Federal, State, or Local governments.