COLDWATER LAKES RESIDENTS’ ASSOCIATION
CONSTITUTION

2019

1. Title
   a) The Association shall be called the Coldwater Lakes Residents’ Association.
   b) The Residents Association shall be registered with the Registrar of Business Names.
2. Aims and objectives
   a) To promote the interests of the residents’ of Coldwater Lakes
   b) To maintain and improve conditions and amenities in the area for the benefit of resident members and their families
   c) To encourage community and social interaction for the benefit of resident members and their families.
3. Membership
   a) The Residents’ Association shall represent more than 50% of the residents of the estate; membership is limited to residents of the estate.
   b) A resident is defined as a person currently residing in Coldwater Lakes where the residence is their principal primary residence.
   c) Membership shall be open to all residents of Coldwater Lakes estate, irrespective of their race, colour, ethnic or national origin,
   d) Membership is limited to residents of the Coldwater Lakes estate.
   e) New Members can only be admitted by being elected by a majority of voting members.
   f) Existing membership may be rescinded by a majority of voting members
   g) Member is deemed to have resigned if their fees has not been paid for 12 months or are in arrears of more than the equivalent of 12 months fees. The committee have the discretion to allow late payment or deferred payment of fees in certain circumstances.
4. General Meetings
   a) There will be a General Meeting open to all members at least 1 time a year.
   b) A Special General Meeting open to all members will be held if 25% of members submit in writing to the Secretary a request for such a meeting stating the purpose. The Secretary will then to endeavour to arrange the meeting to take place within 14 days.
   c) The Committee may at any time summon a Special General Meeting stating the purpose of such meeting and giving appropriate notice to the members.
   d) The Secretary will notify the date of all General Meetings not less than 5 days before the meeting.
   e) Quorum; No General Meeting or Annual Meeting shall be valid if less than of 25% of members are present.
5. Annual General Meeting
   a) The Annual General Meeting (A.G.M.) shall be held not later than 31st October each year.
   b) The Chairman or Secretary shall present a report on the year’s work and the Treasurer shall present an audited statement of Receipts and Expenditure and a Balance Sheet to each A.G.M. These shall be submitted to the Committee before presentation to the A.G.M.
   c) The financial year of the Association shall end on the 31st December.
   d) The Committee shall be required to give notice of the time, date and place of A.G.M. or Special G.M. to all members at least ten days before the A.G.M.
   e) A majority of the members present may demand a ballot to be taken on any matter at the A.G.M.
6. The Committee
   a) The committee shall be elected at the Annual General Meeting.
   b) The committee shall be composed of three officers (i.e., Chairman, Secretary and Treasurer)
   c) The committee may be composed of two additional officers (i.e., Vice-Chairman and a PRO)
   d) All officers and Committee members elected at the A.G.M. shall remain in office for a term of one year.
   e) All retiring officers and Committee members shall be eligible for re-election, but, other than in exceptional circumstance, no officer shall serve in the same capacity for more than five successive terms. Retiring officers, who have served in the same capacity for five successive terms, shall be eligible for election in a different capacity.
   f) Election of officers and Committee members shall be by simple majority at the A.G.M.
   g) All decisions of the Committee shall be ratified by a majority of the members present. The Chairman shall have a casting vote in the event of a tie.
   h) The Committee shall have power to appoint collectors. Official collectors shall hold written authority from the Treasurer.
   i) The Committee may co-opt further members to the Committee should the necessity, in their opinion, arise.
   j) The Committee shall endeavour to prepare and distribute a newsletter to all members at least twice a year.
   k) All members of the Committee shall declare any conflict of interest or vested interest that may arise in relation to any matter put forward for discussion, for example, planning applications
   l) Where any member of the Committee is nominated as (i) a member of a local authority or (ii) as a member of Seanad Eireann or (iii) as a candidate for election to either house of the Oireachtas or to a local authority, he/she shall cease to be a member of the Committee. Such a person will be eligible to return to the committee if he/she not elected to or ceases to be a member of any of the above assemblies.
   m) Where a member of the Committee is absent without apology or notice from three successive Committee meetings, the Chairperson shall approach that member to enquire about his/her continued participation.
   n) The Committee may co-opt up to five members to be members of a subcommittee of the Committee, ensuring where possible the representative nature of the Committee. Non-committee members of the Association may be included.
   o) At each Committee meeting minutes shall be taken of all decisions of the Committee and any action to be taken.
7. Committee Meetings
   a) The committee shall meet at least 3 times per year.
   b) The Chairman shall chair meetings; the Vice-Chairman may deputise for the Chairman.
   c) The Minutes of Committee meetings shall be made available to all members of the association.
   d) Quorum; No Committee Meeting shall be valid if less than 50% of the Committee are present. The chairman or vice-chairman must be present.
8. Financial Provisions
   a) The Committee shall have power to authorise payment of expenses and accounts and to elicit funds in connection with the proper running of the Association. All payments, except for routine expenses, shall have the prior approval of the committee.
9. Subscriptions
   a) Membership fees shall be €1200 per annum or €600 per half year unless altered by a resolution of the Association at the A.G.M.
   b) Members leaving the Association shall have no further claim on the Association or its funds.
10. Banking Procedure
    a) The Association shall have a banking account into which all monies shall be lodged. Cheques shall be signed by the Treasurer or by the Chairman, and one other officer nominated by the Committee. authorised signatories shall be advised to the Association’s bank in accordance with the bank’s requirements.
11. Audit Committee
    a) An auditor shall be elected at the A.G.M. He/she shall audit the Association’s accounts not later than two weeks before the following A.G.M.
12. General
    a) All Rules or Amendments to the Constitution shall be ratified by a majority of not less than two thirds of members present at a General Meeting.
    b) Dissolution of the Association may take place by a resolution passed by seventy-five per cent of the paid-up members present at a properly convened Special General Meeting called for that purpose.
13. Voting
    a) Voting shall be by a show of hands, unless otherwise resolved.
    b) A simple majority of votes shall prevail except where already provisioned in the constitution.
    c) One vote per household has voting rights. In the event of equality of votes the Chairperson has casting vote
14. Roles and Responsibilities
    1. Committee Members shall
       a) Take part in Resident Association decision-making.
       b) Help out if and when they can.
       c) Follow up on any items that committed to do at meetings.
       d) Further the stated aims of the Associations Constitution.
    2. The Chairman shall
       a) Guide the Residents’ Association towards achieving its aims.
       b) Chair meetings (to oversee that the rules and procedures are followed)
       c) Ensure that each agenda is discussed and a decision made and recorded.
       d) Ensure that everyone has an opportunity to contribute to the discussions.
       e) Steer the discussions back to relevant topics.
    3. The Vice-Chairman shall
       a) Stand in for the Chairperson when necessary and provides administrative support when required.
    4. The Secretary shall
       a) Ensure the minutes of all meetings are taken and circulated to members.
       b) Contact people when the next meeting is held.
       c) Ensure the Agendas are prepared in liaison with the Chairperson.
       d) Deal with any correspondence for the Committee.
       e) Ensure that all members are kept informed.
       f) Shall hold the Association’s records and files.
    5. The Treasurer
       a) Open a bank account for the Residents’ Association.
       b) Collect membership fees.
       c) Keep a proper record of paid up members.
       d) Pay bills.
       e) Keep accounts.
       f) Prepare final statements for Annual General Meeting.
    6. The PRO shall
       a) monitor planning applications of interest to the Association.
    7. Residence Association Members shall
       a) Respect other members.
       b) Pay agreed fees.
       c) Help out if and when they can.

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