YCHHI BY-LAWS
ARTICLE I
BURGEE AND EMBLEM
Section 1. Burgee Design.
The Club burgee shall be a triangular pennant with the fly 1-1/2 times the length of the hoist. The background shall be white with a royal blue border on each side; the border width will be 1/12th the length of the hoist. Centered vertically within the white field will be the letters HH in bright red, consisting of three vertical bars and one common horizontal bar. The ends of the vertical bars shall be parallel to the fly borders and 1/6th the hoist from their outside edges. The longest side of the longest vertical bar shall be 1/2 the hoist. The shortest side of the shortest vertical bar shall be 1/4th the hoist. The inside vertical bar shall be centered between the other two. The horizontal bar shall be centered vertically and extend from the longest vertical bar to the shortest one. The width of the letter elements shall be 1/16th of the hoist.
Section 2. Display of the Burgee.
The burgee is authorized to be displayed from any craft not racing and under the command of a Clubmember in good standing. When displayed, the burgee will be flown as prescribed in the current edition of Chapman's Piloting, Seamanship and Small Boat Handling (hereinafter referred to as Chapman's).
Section 3. Emblem.
The Club emblem will be in the shape of a disc 2-1/2 inches in diameter, dark blue in color and enclosed in a single border of gold laid rope. Contained within the border will be centered a single yacht anchor in gold, with the anchor stock inclined 45 degrees. The anchor stock and arms are fouled by an anchor rode in gold leading from the anchor ring. Superimposed upon the anchor and flying from a pigstick in silver, inclined to the left 45 degrees, will be a free-flying Club burgee in the design and color prescribed in Section 1 above.
Section 4. Wearing the Burgee and Emblem.
The Club burgee emblem, suitably reproduced, is authorized for wear on appropriate articles of clothing by all members of the Club in good standing, their spouses and members of their immediate families entitled to the privileges of the Club.
ARTICLE II
AFFILIATIONS
Section 1.
The Club may, as determined by the Board of Stewards, affiliate with such regional and national yachting and boating organizations where such affiliations will contribute to the objectives of the Club and to the boating interests and welfare of the Club's membership. This may include affiliation with such yacht club association which afford mutual recognition and reciprocal privileges for use of club facilities.
ARTICLE III
MEMBERSHIP
Section 1. Proposed Members.
Every candidate for membership in the Club shall be proposed to the Board of Stewards by the membership committee and shall have been sponsored in writing by at least two members.
Section 2. Approval.
Every member of the Club shall be approved by the Board of Stewards. Two negative votes shall exclude the person proposed for membership.
Section 3. Classes of Membership.
There shall be the following classes of membership in the Club:
• Lifetime Members: For the period commencing on August 30, 1978, through November 15, 1978, a member or prospective member of the Club could have become a Regular Lifetime resident member by the payment to the Club of a onetime fee of $3,000.00. Upon the payment of this fee the member, and surviving spouse after his death, shall be exempt from the payment of any other initiation fees, bonds, or basic dues.
• Resident Members: All persons who have attained their 21st birthday and do not meet the criteria for non-resident membership.
• Non-Resident Members: Those persons who live more that 50 statute miles from Hilton Head or who live fewer than 150 days per year in their Hilton Head Island area residence, whether house, condominium, apartment or boat.
• Honorary Membership: Any person, resident or non-resident, who has served the Club with distinction or otherwise made a major contribution to boating, cruising or the seaman’s art in keeping with the objectives and purposes of the Club may be elected to Honorary Membership by the Board of Stewards. Such membership remains in force unless terminated by the Board for cause or by resignation by the Honorary Member. Such members are not required to pay initiation fees, basic dues, or assessments.
• Military-Temporary Membership: Military persons on active duty or other active boating individuals may join the Club with approval of the Board of Stewards upon agreeing to pay the current monthly dues. Such military or temporary membership shall be granted for a period of 1 year or less and shall not be renewable.
• Guests: Visitors to Hilton Head Island {less than 14 days cumulative for each calendar year), who are members of another yacht club with which reciprocity is established, shall be given guest membership.
• Non Profit Affiliate Membership: Any eleemosynary, social, or educational non-profit organization residing on Hilton Head Island, that does not own an independent physical facility in which to conduct their business and/or social events, may submit an application for membership to the Yacht Club of HHI Homeowner’s Association, Inc. (DBA The Yacht Club of Hilton Head Island) to have limited use of the physical facilities and staff of The Yacht Club of Hilton Head Island for social events for members of the non-profit organization. The organization applying for this category of membership must provide The Yacht Club of Hilton Head Island a complete list of the names and addresses of its membership. No other privileges are provided to this class of membership. Dues and other charges will be set by the Board of Stewards.
Section 4. Eligibility for Membership.
All classes of membership are open to both sexes. In the case of married persons residing with their families, the person making application for membership will be regarded as the head of household for purposes of voting privileges, as defined subsequently.
• Resident Members: Those persons who are not non-resident members as defined below.
• Non-Resident Members: Those persons who live more that 50 statute miles from Hilton Head, or live fewer than 150 days per year in their Hilton Head Island area residence, whether house, condominium, apartment or boat.
• Inactive Members: Any resident or non-resident member of the Club in good standing who is unable to continue active participation in the Club, owing to change of residence or other cogent reason presented in writing to the Board of Stewards and accepted by a majority vote, may be transferred to inactive status. Inactive Membership shall remain in effect for not more than six months from the date approved by the Board of Stewards. Members who do not re-activate their membership after the expiration of that six-month period will be considered to have resigned.
• Membership Change: Requests for a change in status for any membership must be in writing to the Board of Stewards.
ARTICLE IV
MEMBERS' PRIVILEGES AND RESPONSIBILITIES
Section 1. Privileges.
Section 2. Voting.
Voting privileges are restricted to resident and lifetime members. On matters to be presented at the Annual General Meeting, or at a Special Meeting, as determined by the Board of Stewards, proxies may be solicited from voting members in good standing and will be counted with the votes of the members present at such meetings.
Section 3. Responsibilities.
Club membership of any class imposes certain responsibilities, which are generally outlined as follows:
•All members, their family members and guests are expected to respect and preserve Club property and that of other members and to conduct themselves decorously on or about the Club premises and facilities.
•Any member operating any type of water craft is expected to be knowledgeable and qualified in the operation of such a vessel under prevalent or forecast sea and weather conditions, and he or she is obliged to operate his boat in accordance with the applicable Rules of the Road or racing rules, observe correct nautical etiquette and display seaman-like courtesy to other craft The provisions of Chapman's are the basic guidance for the rules of etiquette and courtesy.
•When visiting other clubs, members are obliged to conduct themselves and their vessels in such a manner as to reflect credit upon our club and its burgee.
Section 4. Attendance
- Attendance of individual guests is limited to a total of three events per year; to include dinners, boating events, club special events, etc.. However, members’ children are welcome at all times.
ARTICLE V
INITIATION FEES AND DUES
Section 1. Initiation and Fees.
Initiation fees and dues will be set by the Board of Stewards, and reviewed annually, for each class of membership and published in Club media.
Section 2. Change in Classification.
Upon change of classification of membership, the member will pay a transfer fee equal to the difference between his original initiation fee and the initiation fee of the class to which he is transferring. In no case, however, will a non-resident member transferring to resident status be required to pay more than the difference between his original initiation fee and the lowest resident initiation fee in effect during his period of non-residency.
Section 3. Basic Dues.
All members of the Club, except Honorary and Lifetime Members shall pay basic dues on a quarterly basis. Dues shall be paid within 30 days of receipt of the statement for such dues from the Treasurer.
Section 4. Dues of New Members.
A newly elected member shall be given notification of such election by the Secretary and shall pay the pro-rated remainder of the Basic Dues within 30 days of such notice. If said dues are not paid within 30 days, the Secretary shall notify the Board of Stewards and such election will become null and void and the initiation fee will be forfeited. Thereafter, basic dues of all members will be billed quarterly (or as may be determine by the Board or Stewards) and are due during January, April, July, and October of each year.
Section 5. Inactive Members.
When an inactive member notifies the Board of Stewards in writing of his or her desire to resume full membership status, membership dues will be increased to that of the appropriate active membership class, prorated to such date that the change of status is approved by the Board of Stewards.
Section 6. Delinquent Members.
Any debt by a member to the Club will be payable within 30 days of the billing date and will be delinquent if not paid within 60 days. In the event that a member becomes delinquent in his or her indebtedness to the Club, he or she shall be notified in writing by the Secretary that if such indebtedness is not satisfied within 30 days, action may be taken by the Board of Stewards to suspend Club privileges until delinquency is cleared, or to terminate the membership. The names of delinquent members will be posted in the Club by the Secretary. When such delinquency has been posted, no further charges will be accepted from a member or members of his family eligible for the privileges of the Club.
ARTICLE VI
BOARD OF STEWARDS
Section 1. Composition and Terms of Office.
The Board of Stewards will be composed of nine members elected at the Annual General Meeting of the Club in such a manner as to so as to have one-third of its members' terms expiring in each year. Annually three Stewards will be elected for three years and their term of office shall begin immediately upon election. Individuals elected to the Board of Stewards shall serve until their term shall expire and their successor is elected or appointed.
Section 2. Nominations.
In July of each year the Commodore shall appoint a Nomination Committee, who shall make a nomination for each vacancy on the Board of Stewards. Those recommendations shall be approved by the Board for Stewards. Those nominees, together with a provision for a write-in candidate, shall compose the ballot for the Annual General Meeting.
Section 3. Eligibility.
All candidates for the Board of Stewards, when elected, will be resident members.
Section 4. Other Members.
All elected officers of the Club and the immediate Past Commodore, who are not elected Stewards of the Club, shall be voting members of the Board of Stewards, exofficio. The Commodore will serve as chair.
A steward shall not be re-elected for more than two successive three-year terms; however, nothing herein shall prohibit election to terms; however, nothing herein shall prohibit election to three or more non-successive terms of three years.
Section 6. Responsibilities.
The Board of Stewards shall have oversight responsibility of the affairs, funds, and property of the Club, shall have the power to proscribe rules and regulations and enforce them for the proper governance of the Club's affairs as hereinafter provided, and shall be vested with the full power to carry out the purpose of the Club according to its Charter and these by-laws. Any transaction involving the purchase, trade, sale or transfer of all or substantially all of the Club’s assets and any merger, liquidation, sale or transfer of any of the Club’s real property, amendment of the by-laws or amendment of the Articles of Incorporation, except certain technical amendments to articles that can be made by the Board of Stewards under SC Code Sec. 33-31-1002, must receive approval of the membership at a general or special meeting called for that purpose, three-quarters of the membership present or represented by proxy concurring.
Section 7. Approval of Memberships.
The Board shall elect to the various classes of membership such applicants as it considers desirable.
Section 8. Committees.
Committees are to be appointed by the Commodore, subject to the approval of the Board of Stewards
Section 9. Financing and Assessments.
No financing or assessments of any kind shall be done except by authority of the vote of two-thirds of the Board of Stewards at a regular or special meeting.
Section 10. Removal of Board Members.
The entire Board of Stewards or any individual board member may be removed with cause, by a vote of three-fourths of the votes of the club members then entitled to vote at an election of the Board of Stewards. In the event that a steward shall be absent from three or more successive regular or special meetings of the Board, the remaining stewards may, in their discretion and after notifying the incumbent, declare the office of said steward vacant.
Section 11. Vacancies.
Any vacancy, however occurring, in the Board of Stewards may be filled by a majority vote of the members present at a special meeting held concurrently, but with the requisite notice, with the next monthly meeting. Any steward elected to fill any vacancy shall be elected for the unexpired term of his predecessor.
ARTICLE VII
MEETING OF THE MEMBERSHIP
Section 1. Annual General Meeting.
The annual general meeting of the membership shall be held on the 3rd Friday in October of each year, or at such other time in October as the Board of Stewards may determine, for the purpose of electing stewards and for the transaction of such other business as may come before the meeting.
Section 2. Special Meetings.
Special meetings of the members, for any purpose, may be called by the Commodore or by a majority of the Board Stewards. Any action requiring a vote of the membership shall be done at either an annual or a special meeting.
Section 3. Place of Meeting.
The Board of stewards may designate any place on Hilton Head Island, South Carolina, as the place of meeting for any annual general meeting, special meeting or monthly meeting called by the Board.
Section 4. Notice of Special or Annual Meeting.
Written or printed notice of the place, day and hour of either an annual or special meeting and the purpose or purposes for which the meeting is called shall be delivered not less than seven nor more than fifty days before the date of the meeting, either personally by mail, by e-mail or at the direction of the Commodore or the Secretary or by the officer or persons calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited with postage paid in the United States mail, addressed to the members at the address appearing on the Secretary's book. E-mail considered delivered when sent to the e-mail address appearing in the Secretary's book.
Section 5. Quorum.
A presence of twenty-five percent of the members of the Club entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of the membership. If less than twenty-five percent of the members are present at a meeting, a majority of the members so present may adjourn the meeting from time to time without further notice. At such adjourned meeting at which a quorum shall be present or represented, any business maybe transacted which might have been transacted at the meeting as originally notified. The members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum.
Section 6. Proxies.
At all meetings of membership, a member may vote in person or by proxy executed in writing by the member. Such proxy shall be filed with the Secretary of the Club before or at the time of the meeting. No proxy shall be valid after eleven months from the date of its execution.
ARTICLE VIII
MEETINGS OF THE BOARD OF STEWARDS
Section 1. Board.
The Board of Stewards shall meet once a month except that any monthly meeting may be adjourned by a majority vote of the Stewards present at the meeting next preceding.
Section 2. Regular Meetings.
A regular monthly meeting of the Board of Stewards shall be held without other notice than that established by the Board of Stewards at their previous meeting. The Board of Stewards may provide, by resolution, the time and place for the holding of additional regular meetings without other notice than such resolution
Section 3. Special Meetings.
Special meetings of the Board of Stewards may be called by the Commodore, or if he is absent or is unable or refuses to act, by the Vice Commodore, or by any two members of the Board of Stewards. The person or persons authorized to call special meetings of the Board of Stewards may fix any place either within or without the State of South Carolina, as the place for holding any special meeting of the Board of Stewards called by them.
Section 4. Notice.
Notice of any special meeting shall be given at least two business days before the meeting by written notice delivered personally, by telephone, mailed or e-mailed to each board member at his/her address. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. If notice be given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. If notice is delivered by telephone, such notice shall be deemed made, when communicated directly to the board member. E-mail shall be deemed delivered when sent. Any board member may waive notice of any meeting by signing a waiver of notice, either before or after the meeting. The attendance of a board member at a meeting shall itself constitute a waiver of notice of such meeting, except where a board member attends a meeting solely for the purpose of stating his objection, at the beginning of the meeting, to the transaction of any business on the that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Stewards need be specified in the notice or waiver of notice.
Section 5. Quorum.
A majority of the number of board members shall constitute a quorum for the transaction of business, but if less than such majority is present at meeting, a majority of board members present may adjourn the meeting from time to time without further notice.
Section 6. Manner of Action.
The actions of the majority of the board members shall be deemed the action of the Board of Stewards, if the action is taken at a duly called meeting with a quorum present. In lieu of a meeting the Board of Stewards may act on any matter, if all board members execute a written or emailed communication of the action taken in lieu of meeting, and the memorandum is filed with the records of the Club.
Section 7. Presumption of Assent.
A member of the Board of Stewards who is present at a meeting of the Board of Stewards at which action on any matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Club immediately after the adjournment of the meeting. Such right to dissent shall not apply to a steward who voted in favor of such action.
ARTICLE IX
OFFICERS AND DUTIES
Section 1. Officers and General Duties.
The officers of the Club shall, when elected, be regular resident members of the Club and shall consist of Commodore, Vice Commodore, Rear Commodore, Secretary, and Treasurer. Officers shall be elected by the incoming Board of Stewards as soon as practical after the annual meeting of the membership, and their election is effective November 1, the start of the fiscal year.
Section 2. Commodore.
It shall be the duty of the Commodore to preside at all meetings of the Club and the Board of Stewards; shall sign all written contracts and obligations of the Club and shall perform such duties as the Board of Stewards may assign or are usually incumbent upon a presiding officer. The Commodore is granted authorization to approve payment for items of cost or capital expenditures for items included in the operating budget approved by the membership at the annual meeting and to approve emergency expenditures not to exceed $1,000.00 per event or $3,000.00 in a calendar year.
Section 3. Vice Commodore.
It shall be the duty of the Vice Commodore to assist the Commodore in the discharge of his/her duties and in his/her absence to officiate in his/her stead having the same responsibilities and privileges as the Commodore. Specifically, the Vice Commodore is given responsibility for administrative and financial functions, working with appropriate Officers or Committees.
Section 4. Rear Commodore.
It shall be the duty of the Rear Commodore to assist the Commodore and Vice Commodore in the discharge of their duties and in their absence to officiate in their stead having the same responsibilities and privileges as theCommodore. Specifically, the Rear Commodore shall be given responsibility for Club operations, including, but not limited to, social functions, repairs and equipment upgrades, food and beverage, etc., working with appropriate Officers or Committees.
Section 5. Secretary.
It shall be the duty of the Secretary to attend all meetings of the Club and the Board of stewards, to record the minutes of all such meetings and furnish a copy of said minutes to the Board of Stewards and Committee Chairmen as soon as practical after each meeting. The Secretary shall keep correct rolls of the members, their classes and the dates of their election; shall send out necessary notices; shall attest all contracts and obligations approved by the Board of Stewards and executed by the Commodore; and make such returns and file such certificates as may be required by law. The Secretary shall make a report at each annual meeting, and at each regular meeting of the Club or Board of Stewards. The secretary shall receive such compensations as the Board of Stewards may determine and shall be bonded at Club expense as required. Additionally, the Secretary will supply a membership card to accredited members.
Section 6. Treasurer.
It shall be the duty of the Treasurer to collect all initiation fees and dues and provide the Secretary with a current membership list and date of payment of initiation fee and dues. The Treasurer shall in the absence of the Secretary attest all contracts, land obligations which shall be approved by the Board of Stewards and executed by the Commodore, shall pay all bills authorized by the Commodore or the Board of Stewards, taking a voucher therefore, shall keep accurate books of accounts; shall make a report at each annual meeting, and at each regular or special meeting of the Club or the Board of stewards. The Treasurer shall receive such compensation as the Board of stewards may determine and shall be bonded at Club expense as they may require.
Section 7. Election and Term of Office.
The officers of the Club to be elected by a majority vote of the Board of Stewards shall be elected annually at the first meeting of the Board of stewards held after each annual general meeting of the membership. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office from his installation until his/her successor shall have been duly chosen or until death or until he/she shall resign or shall have been removed in the manner hereinafter provided.
Section 8. Removal.
Any officer may be removed by a three-fourths vote of the entire Board of Stewards whenever in its judgment the best interest of the Club will be served thereby.
Section 9. Vacancies.
Any vacancy, however occurring, in any office may be filled by the Board of Stewards.
ARTICLE X
COMMITTEES
Section 1. Appointment of Committees.
The Commodore shall, as soon as convenient after the Annual General Meeting, and with the approval of the Board of Stewards, appoint the chairman of committees as the Board of Stewards approve and deem desirable to carry out the objectives and functions of the Club. The Commodore shall define the duties of Committee Chairmen with the approval of the Board of Stewards. Committee Chairmen, at their discretion, shall elect their Committee Members from the general membership in the numbers determined necessary for the effective performance of the committee's functions, and will report their committee memberships to their supervising Club Officer and to the Board of Stewards
Section 2. Advisory Committee.
The Past Commodore of the Club shall constitute an informal Advisory Committee on call at the request of the Commodore to assist the Commodore and the Board of Stewards with advice and counsel.
Section 3. Fleet Captain.
Concurrent with the appointment of the Standing Committees in Section 1 above, the Commodore shall, with the approval of the Board of Stewards, appoint Fleet Captains for active fleets within the Club. The general duties of the Fleet Captains are to act as liaison officers with the boat owning members of their respective fleet groups and to assist appropriate Committee Chairmen with the planning and scheduling of various activities of their fleet groups. The Fleet Captains shall also perform external liaison with other yachting and service associations as may be specified by the Commodore, such as the South Atlantic Yacht Racing Association (SAYRA), US Coast Guard Auxiliary, and regional or national one-design associations.
Section 4. Committee Meetings.
The Chairmen of Standing Committees shall hold such committee meetings as they respectively deem necessary for the business of their respective committees. Such meetings may be requested of the Chairman by the Commodore or the Board of Stewards. Committee Chairmen and Fleet Captains will normally be requested by the Commodore to meet with the Board of stewards at a regular meeting at least once each calendar quarter. Selected Chairmen may be requested to attend any regular or special meeting of the Board as deemed necessary to the management and activities of the Club.
Section 5. Special Committees.
In addition to the Standing Committees, the Board shall provide for such Special Committees as it may deem advisable from time to time and define their duties. Such committees will be appointed by the Commodore, subject to the approval of the Board, and will serve for the remainder of the term of the Commodore unless the Board shall sooner discharge it.
ARTICLE XI
INFRACTIONS OF RULES
Section 1. Guests, Transients and other Non-Members.
Any person who violates the rules and regulations of the Club, as stated herein or elsewhere publicly available or who otherwise uses profane or indecent language or gestures in a discourteous manner unbecoming a gentleman or a lady, or who operates a boat within the Club marina in a reckless or unsafe manner endangering other boats, persons or Club property, will be requested to leave the Club premises. Such a request may be made by the Club manager, a Club Officer or member of the Board of Stewards. In the case of a guest, compliance with this request will be the responsibility of the member host. Such infractions of the rules and regulations of the Club may result in such persons and their boats being permanently barred from the Club facilities by a majority vote of the Board of Stewards. The names of such persons and boats so barred will be posted publicly in the Club.
Section 2. Members.
Infractions, as outlined in Section I above, committed by a member of the Club, shall be reported in writing to the Board of Stewards, with the names of all witnesses to the alleged occurrence. The Board of Stewards will, after ten days written notice to the offending member, give him a fair hearing, at which time the member may speak in his or her defense and produce witnesses on his or her behalf. If found guilty, the offending member may be admonished, fined, suspended from any or all Club privileges for a specified time, or expelled from membership. All such actions by the Board will be by majority vote and will be final. However, for a good cause shown, the Board may order a rehearing of the case. In the event that a member does not respond to a written notice of a hearing by the Board of Stewards the Board may expel him or her from membership by a majority vote, and the member will be so notified by certified mail from the Secretary. On such notice, all indebtedness of the expelled member becomes due and payable within thirty days. Names of expelled members and their boats will be publicly posted in the Club.
ARTICLE XII
RESIGNATIONS
Section 1. Submission of Resignations.
All resignations shall be in written form and addressed to the Secretary. The Board of Stewards is authorized to accept such resignations, provided the member has discharged his indebtedness to the Club.
ARTICLE XIII
GUESTS
Section 1. Guests
All visitors to the Club or Club activities must be accompanied by a member.
ARTICLE XIV
CONTRACTS, LOANS, CHECKS, AND DEPOSITS
Section 1. Contracts.
The Board of Stewards may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Club, and such authority may be general or confined to specific instances. This authority may not exceed $15,000.00 without membership approval.
Section 2. Loans.
No loans shall be contracted on behalf of the Club and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Stewards. This authority may not exceed $25,000.00 without membership approval. Such authority may be general or confined to specific instances.
Section 3. Checks, Drafts, Etc.
All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Club, shall be signed by such officer or officers, agent or agents of the Club and in such manner as shall from time to time be determined by resolution of the Board of Stewards.
Section 4. Deposits.
All funds of the Club not otherwise employed shall be deposited from time to time to the credit of the Club in such banks as the Board of Stewards may select.
ARTICLE XV
Section 1. Fiscal Year.
The fiscal year of The Yacht Club of HHI Homeowner's Association, Inc. shall commence on November 1st of each year and end on October 31st of the following year.
ARTICLE XVI
AMENDMENTS
Section 1. Amendments.
These By Laws may be amended at any Annual or Special meeting of the membership of the Club by a three-fourths vote of members present, provided that the full text of the proposed amendment and reasons therefore with notice that it will be acted upon shall have been incorporated in the call for the meeting, as provided in Article VII, Section 5.
ARTICLE XVII
TERMINATION OF OPERATIONS
Upon dissolution, liquidation, or final termination of the operations of the Club, the residual assets of the Club must not iinure to the direct benefit of any member or shareholder but must be turned over to any nonprofit organization which is organized and operated under The Code of Laws of South Carolina, Section 61- 5-20(3).
ARTICLE XVIII
CODE OF ETHICS
Section 1 – Standard of Care. All Members of the Board of Stewards (hereinafter referred to as “Board”), Officers, committee members, agents, contractors, employees, volunteers and others performing services for or on behalf of the Club, shall do so in a manner they believe to be in the best interest of the Club, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use in similar circumstances.
Section 2 – Open Meetings. Except as provided in Section 3 below, all meetings of the Board of Stewards and all meetings of any committee of the Board shall be open to all Club members. A “meeting” means a gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a required quorum of the members of the Board or committee of the Board for the purpose of conducting hearings, participating in deliberations, voting upon or otherwise transacting Club business.
Section 3 – Closed Meetings. It is the policy of this Board that closed sessions shall be held only when required under the following circumstances: 1. To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States. 2. To prevent the premature disclosure of an honorary award, prize, or similar award. 3. To consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Club. General policy matters may not be discussed in a closed session. Nothing herein shall be construed to permit the Board, or any committee thereof, to close a meeting that otherwise would be open merely because an attorney employed or retained by the Board is a participant. The Board, or any committee thereof, may hold a closed session only upon a motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed herein above.
Section 4 – Open Records. Except as otherwise specified by law, the minutes of any Board or committee meeting and all other records of the Club, including accounting and financial records, shall be available for examination by all members and their authorized agents, on reasonable notice, and upon payment of reasonable costs, if any, incurred to provide the same.
Section 5 – Loyalty. All members, including Members of the Board of Stewards, are encouraged to share their views and opinions. Constructive dissent can be a very valuable resource to a Board. Stewards may vote in the minority on issues, and they are not required to personally endorse any Board decision or action. They may discuss their opinions freely and openly with anyone. But by accepting a Board position, each Steward agrees to work within the Club processes and systems to advance his or her views or positions, and not to work either individually or in collaboration with others, to sabotage or subvert the work of the Board.
Section 6 – Conflict of Interest. No member of the Board, or of any Board committee, shall participate in any vote on any subject in which he or she has a specific personal, professional, financial, or other conflict of interest. He or she may, however, participate in discussions regarding the same.
Section 7 – Non-Discrimination Commitment. The Club, its Board, its Officers, and its employees, jointly and severally, shall not discriminate, in any form or manner, on the basis of race, color, religion, age, gender, national origin, disability or sexual orientation.
Bylaws last amended in 2020 at the Annual Meeting
SPECIAL ADDITION
Lifetime Members for 1993. For a period commencing on November 1, 1993, through November 1, 1994, a member of the Club could become a Regular Lifetime Resident Member by the payment to the Club of a one-time fee of $5,000.00. Upon payment of this fee the member shall be exempt from payment of any other initiation fees, bond, or basic dues. In addition, any amount of initiation fee previously paid by the lifetime member shall be held exempt from any special assessments levied by the Club for the period ending on November 1, 1997. This member classification is limited to not more than 20% of the total membership.