moorings in Cardingmill Bay

Cardingmill Bay Mooring Owners Association

CBMOA Constitution

  1. OBJECTS
    The objects of the Association are, firstly, to co-ordinate the organisation of jetties, slips, mooring and anchorage in the Cardingmill Bay area of Oban, Argyll; and, secondly, to represent the interests of the Association in dealing with the Crown Estate Commission, local authority and others.
  2.  MEMBERSHIP
    Any person owning a mooring or with an interest in matters relating to moorings in Cardingmill Bay is entitled to become a Member. Members shall be entitled to all privileges and amenities of the Association and shall have the right to vote on all Association matters (declaring however that membership of itself does not automatically entitle a Member to a mooring site). Applications for membership shall be made to the Secretary. They shall be seconded by a Member of the Committee. Upon election, a new Member will be given a copy of this Constitution and any subscription will be payable immediately. Acceptance of an application for membership shall not be unreasonably withheld by the Committee or the Association to any applicant undertaking to comply with all instructions and regulations relating to the mooring of vessels in the area. If the Committee or the Association refuses such an application, the applicant has the right of appeal to the Crown Estate Commissioners, 10 Charlotte Square, Edinburgh EH2 4DR, whose decision shall be final.
  3.  SUBSCRIPTION
    Subscription rates, consisting of an initial joining fee and an annual membership fee, will be decided at the Annual General Meeting and will be payable on the First day of January in each year. Members who do not notify the Secretary of their resignation and who, after due notice from the Secretary, still fail to pay their subscription, shall have their name removed from the roll of Members.
  4.  COMMITTEE
    The Committee shall consist of up to eight Members to be elected at a General Meeting. The membership of the Committee shall seek to provide a fair representation of differing interests. A Chairman, Secretary and Treasurer shall be elected from within the Committee. An Auditor for the Association shall be appointed by the Committee. Offices may be held jointly if approved by the Committee. The Committee shall meet once a month or as necessary. Three Committee Members shall form a quorum. The Committee shall have the power to co-opt additional Members. The Committee Members shall retire at the Annual General Meeting but shall be eligible for re-election.
  5. GENERAL MEETINGS
    An Annual General Meeting shall be held in March of each year. The notice calling the meeting shall be posted to all Members at least Fourteen days prior to the meeting, together with a copy of the financial statement for the preceding year. Special General Meetings may be called at any time on submission to the Secretary of a written requisition signed by six Members. The requisition shall contain the terms of any motion or motions to be submitted to the meeting. Notices of the meeting shall be posted to all Members at least Fourteen days prior to the meeting. Such notice shall contain particulars of any matter to be discussed at the meeting. One-quarter of the membership of the Association shall form a quorum at a Special General Meeting (the quorum for an Annual General Meeting shall be Ten Members).
  6. ACCOUNTS
    The Association's financial year shall be the First day of November to the Thirty-first day of October. The accounts shall be audited by the Auditor prior to the Annual General Meeting and will be submitted to the Annual General Meeting for approval.
  7. MOORING MAINTENANCE
    At the Annual General Meeting, the meeting will decide the Association's policy for moorings maintenance in the coming year.
  8. ANCHORAGE
    The Association will respect the interests of visiting boats by reserving a suitable section of the sea bed under its control for use as an anchorage, or by the provision of visitors' moorings, or both, at the sole discretion of the Committee.
  9. WINDING UP
    In the event of the Committee considering that the Association has been overtaken by other provisions having the same objects, or for other sound reasons, they shall have the power to call a Special General Meeting, with a quorum as in Clause 5 above, to explain the situation to the Members and to make proposals for the winding up of the Association. A two-thirds majority of those present and eligible to vote shall be required to pass such proposals. If, in the event of the Association being wound up, there remains after settlement of all debts and liabilities any property whatsoever the same shall not be paid to or distributed among Members of the Association but shall be given or transferred to some other organisation having the same or similar objects as the Association, or to the RNLI. A General Meeting of the Association will be held to determine the recipient.
  10.  AMENDMENT OF THE CONSTITUTION
    The terms of this Constitution may be varied (subject to the approval of the Crown Estate Commissioners) at a Special General Meeting of the Association. A two-thirds majority of those present and eligible to vote shall be required to pass such variations.