1. Name
The name of the Association shall be the Credit Pointe Residents Association (hereinafter referred to as “the Association”).
2. Credit Pointe Boundaries
Subject to Article 4, membership in the Association is open to residents within the area bounded by the following:
North – Eglinton Ave. West
South – Highway 403 right-of-way
East – CPR tracks
West – The Credit River
(hereinafter referred to as “Credit Pointe”)
3. Objectives/Purposes
The purpose of the Association is to promote measures that enhance the safety, beauty, and general quality of residential life in Credit Pointe. To achieve these purposes, the Association will:
- (i) Plan, recommend, and promote measures to preserve and improve Credit Pointe as a residential community and add to its attractiveness, and oppose conditions or measures that diminish the beauty, safety, and quality of residential life in Credit Pointe.
- (ii) Provide a means for members to advise and participate in government in matters relating to Credit Pointe.
- (iii) Encourage membership in the Association to all the residents in Credit Pointe.
- (iv) Represent Credit Pointe, the Association, and its members to other organizations.
4. Membership
- (i) All persons aged 18 years or over shall be entitled to join and remain a voting member of the Association provided that:
- (a) Such persons shall reside in Credit Pointe, and;
- (b) All appropriate and applicable annual dues and other fees relating to membership have been paid.
- (ii) All members are required to abide by the Association’s Code of Conduct (see Schedule A).
- (iii) A member who neglects or fails to pay any membership fee or annual dues within 90 days of the date when such fees or dues are payable shall cease to be a member.
- (iv) A member who ceases to reside in Credit Pointe shall cease to be a member.
- (v) A member may resign by written notice thereof given to a member of the Executive.
- (vi) No refund of membership dues or fees paid by a member shall be made upon the termination of a membership.
- (vii) Each residentially address property shall be limited to one (1) voting membership and each voting membership shall have the right to cast no more than one (1) vote.
- (viii) Members are required to be in good standing in order to vote.
- (ix) A member who is otherwise unable to attend an Annual Meeting may designate a proxy to attend on their behalf.
- (x) A proxy does not have voting authority and does not count towards quorum for any meeting.
5. Executive
There shall be an executive (hereinafter referred to as “the Executive”) composed of at least five (5) Directors, which must include the three (3) positions of President, Secretary, and Treasurer, and not more than seven (7) Directors all duly elected in accordance with these by-laws (members of the Executive are hereinafter referred to as Officers”). The Executive shall consist of a minimum of five (5) members spread throughout Credit Pointe.
6. By-Laws
There shall be By-laws governing the business of the Association, such as, powers and functions of the Executive, elections, meetings, remuneration and expenses, and other financial affairs.
- (A) Powers and Functions of the Executive
- (i) The President
- (a) Shall, when present, preside at all meetings of the Association and the Executive.
- (b) Shall be the chief executive officer of the Association and shall oversee the affairs of the Association.
- (ii) The Secretary
- (a) Shall, when present, act as Secretary of the meetings of the Executive and meetings of the Association.
- (b) Shall undertake the business correspondence of the Association and shall maintain minutes of all meetings of the Association and of the Executive.
- (c) Shall, upon the request of any member, distribute or cause to be distributed to that member, the minutes of meetings of the Association or the Executive.
- (d) Shall give or cause to be given notices of all meetings of the Association and the Executive.
- (e) Shall fulfill the duties of the President in the absence, or inability to act, of the President.
- (iii) The Treasurer
- (a) Shall keep all financial books and records of the Association in a proper manner.
- (b) Shall receive all monies of the Association and shall deposit the same in the name of the Association in such bank or banks as the Executive shall direct and shall disburse them only under the direction of the Executive and in accordance with these by-laws.
- (c) Shall keep the list of members including the status of their account with the Association.
- (iv) Officers
- In addition to the specific functions and duties of the President, Secretary, and Treasurer, the functions and duties of all Officers shall be to:
- (a) Co-ordinate the activities of the Association.
- (b) Seek the views of and make recommendations to the members on matters relating to the Association and its purposes.
- (c) Represent the members and the views of the members as and when appropriate.
- (d) Seek and receive advice, information, and assistance from such public bodies, private organizations, government agencies, and persons as is appropriate to the objectives of the Association.
- (e) In the event that the office of Secretary or Treasurer shall be vacated midterm, to appoint from among the remaining Officers a new Secretary or Treasurer as appropriate and to advise such appointment to the members.
- (f) No funds of the Association may be withdrawn without the signatures of two (2) separate Officers, at least one of which shall be that of the President, Secretary, or Treasurer.
- (i) The President
- (B) Election and Term of Office of the Executive
- (i) The Secretary shall receive nominations for the Officers during the two weeks prior to the meeting at which the elections are to take place, and up to the actual election for the respective Officer. Each candidate shall be nominated by a member and the nomination seconded by another member of the Association.
- (ii) Every member of the Executive shall at the time of their election be a member in good standing of the Association.
- (iii) Each member of the Executive shall be elected to hold the office until the earlier of:
- (a) the first Annual Meeting to be held after member’s election to office.
- (b) Member’s resignation in writing given to the Secretary.
- (c) Member’s removal from office by the resolution of the members of the Association at a special meeting.
- (d) Member ceasing to be a member of the Association.
- (e) Death or incapacity.
- (iv) The whole executive shall be retired at each Annual Meeting but shall be eligible for re-election provided that no person shall be elected to the same position of President, Secretary, or Treasurer for more than three consecutive annual terms, but may be elected to another position.
- (v) The election shall be by a show of hands unless a ballot be demanded by any member.
- (vi) Except as mentioned in Article 6(A)(iv)(e), a vacancy in the Executive, howsoever caused, may, so long as a number equal to a quorum of Officer of
- the Executive remain, be put up for election if the Executive shall so decide; otherwise it shall remain to be filled at the next Annual Meeting. If there is not a number equal to a quorum of Officers remaining in office, the Secretary shall forthwith call an election for all vacancies then outstanding.
- Mid-term elections shall be held at a Special Meeting of members of the Association.
- (C) Committees
- The Executive may appoint such committees as it shall decide. Members of such committees shall be members in good standing of the Association. Committees shall have the right to seek and receive advice, information, and assistance from such public bodies, private organizations, government agencies, and persons as is appropriate to their function.
- (D) Meetings
- (i) A meeting of the Executive may be convened by the President or any two other Officers and unless otherwise agreed by all Officers shall be at a convenient location within Credit Pointe.
- (ii) Notice of any meeting of the Executive shall be given to each Officer not less than two (2) days before the time fixed for holding the meeting, unless a shorter period of notice is agreed to by all Officers.
- (iii) A majority of the Directors shall constitute a quorum for a meeting of the Executive provided that such quorum includes either the President or the Secretary.
- (iv) Every resolution of the Executive shall be decided by a majority of votes of the Officers present. In the event of an equality of votes, the Officer presiding over the meeting shall have a second or casting vote.
- (v) The Annual Meeting of the Association shall be held not earlier than nine (9) months and not later than fifteen (15) months from the last Annual Meeting, and Annual and Special Meetings shall be held at such a place in the City of Mississauga convening at such hour between the time of 1800 and 2200 hours as the Executive shall decide. Unless a suitable place shall not be available, Annual and Special Meetings shall be held at a place within the area.
- (vi) A quorum for the Annual Meeting shall be ten (10) members of the Association.
- (vii) At every Annual Meeting a report on the activities of the Executive and of all committees since the last such report, and the financial statements of the Association, shall be presented to the members. Such reports may be made at Special Meetings.
- (viii) Elections for all positions on the Executive shall be held at the Annual Meeting. The determination of annual dues shall be made at an Annual Meeting.
- (ix) Special Meetings of the members of the Association may be called for by:
- (a) Resolution of the Executive; or
- (b) The demand thereof in writing given to the Secretary, signed by at least ten (10) members of the Association, and stating the matter(s) to be discussed at such Meeting. Whereupon the Secretary shall convene a Special Meeting in accordance with these by-laws.
- (ix) A quorum for the transaction of business at a Special Meeting shall be ten (10) members of the Association.
- (x) Fees payable by all members of the Association may be determined at a Special Meeting.
- (xi) Written notice of Annual and Special Meetings shall be given to members of the Association not less than twenty-one (21) days before the time fixed for the Meeting. Such notice shall indicate clearly the business to be presented at the Meeting.
- (xii) Members of the Association will declare a potential conflict of interest and refrain from discussion and voting when a true or perceived conflict of interest exists.
- (E) Conflict Resolution
- In the event of a conflict among members, directors, or officers of the Association arising out of or related to the articles or By-laws, or out of any aspect of the operations of the Association is not resolved in private meetings between the parties, then without prejudice to or in any other way derogating from the rights of the members, directors, or officers of the Association as set out in the articles, or Bylaws, and as an alternative to such person instituting a law suit or legal action, such dispute or controversy shall be settled by a process of conflict resolution as follows:
- (i) The complaint shall first be submitted to the President by email. In the event that the complaint is against the President, the complaint shall be submitted to the Secretary.
- (ii) The President will follow up with the complainant within three (3) days of receiving the complaint to further discuss the nature of the concern and
- determine whether any other steps need to be taken.
- (iii) If necessary, the complaint will be reviewed at the next meeting of the Executive.
- (iv) A response to the complainant will be provided within three (3) days of the next meeting of the Executive.
- (v) In the event of a violation of any provision of the articles, By-laws, or Code of Conduct, the Executive may pass a resolution authorizing the termination of membership.
- (vi) The decision of the Executive shall be final.
- (F) Amendments to By-Laws
- The members may amend these By-laws by a majority of the votes cast at an Annual Meeting.
Enacted May 19th, 2021.
Schedule A
Code of Conduct
This Code of Conduct explains how members of the Credit Pointe Residents Association are expected to carry out their duties whilst representing the association. All members agree to abide by the Code of Conduct laid out below. Any breaches of the code will result in the suspension of membership until such time as the matter can be heard, in full, by a meeting of the Executive.
Confidentiality
The business of the Association may involve members in dealing with issues that are sensitive. Members must exercise discretion and care in performing their duties and responsibilities. If confidential information is provided, it may only be used for the business of the meeting and it must not be passed on to anyone outside of that meeting. Such information will not in any case include any personal information about individuals, except at that individual’s written request.
Conduct at meetings
Members will at all times observe points detailed below while attending or taking part in any
meeting.
- To be courteous to each other and support and assist other members in seeking the best possible solution to problems being discussed.
- To adhere to the Ontario Human Rights Code, R.S.O. 1990, c. H.19.
- To allow each other the opportunity to speak and comment and to give recognition to others who contribute to the success of the Association and its activities.
- To not harass, bully, or discriminate against others.
- To remember that you are representing the views of the community and are accountable to the Association.
- To remember that the purpose of any meeting is to benefit residents generally and not specific individuals.
- To bear in mind the rights of individual residents when proposing solutions to problems.
- Not to speak or write on behalf of the Association without the prior agreement of the Association. Any correspondence sent on behalf of the Association should be made available to any member that requests it.
- To operate within the rules laid down in the constitution.
- Not make improper use of their position as members to gain advantage for themselves or for any other person.
Conflicts of interest
Members:
- Must not expect favourable treatment from the Executive or from the Association itself, nor should they be treated any less favourably.
- Must disclose any personal, financial or material interest in any matter being considered by the Association.
- Executive will declare a potential conflict of interest and refrain from discussion and voting when a true or perceived conflict of interest exists.