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Constitution and By-Laws

of The Forked Creek Yacht Club, Inc.


Severna Park, Maryland
Amended: November 18, 2008

ARTICLE I
NAME, PURPOSE, AND GOVERNING DOCUMENTS b. Membership in the FCYC is without
regard to race, creed, color,
1.1 The name of this club shall be “The religion, sex, national origin, or
Forked Creek Yacht Club, Inc.”, herein age.
after referred to as “FCYC”.
2.2 Membership
1.2 The purpose of the FCYC is to a. Members are at least 21 years of age.
stimulate interest in boating and sailing, They pay fees, dues and
to promote social recreation, to provide assessments. Members have full
facilities for the enjoyment of privileges of the FCYC, including
members, and to enhance the general the right to vote and hold office,
welfare of the community. and share an equal interest in the
property of the FCYC.
1.3 This Constitution is the governing
document of the FCYC. Meetings of b. An individual and/or their spouse
the FCYC, or of any of its constituted (not Corporations, partnerships or
bodies, follow Robert’s Rules of Order families) will own the equity
Revised to the extent possible, except membership and have the right to
that in any case of conflict this use their slip and common FCYC
Constitution supersedes Robert’s Rules. property. An equity membership
shall have one vote.
1.4 FCYC is a Non-Profit equity yacht club
incorporated under Section 501(c)(7) of c. In order to create the opportunity for
the Internal Revenue Code. The FCYC members to change slip
will own and manage all facilities and assignments, and for new members
members will have exclusive rights to to join the FCYC, an individual/
designated slips. spouse shall not have the rights to
more than one slip, i.e., own more
than one equity membership.
ARTICLE II
MEMBERSHIP
2.3 Transfer of memberships
a. Members in good standing may
2.1 Definitions transfer their membership to
a. Membership in the FCYC entitles another individual. The Board of
the member to the right of free Governors will set from time to
access to the lands and tenements of time (at least annually), the
the FCYC, subject to this minimum price for each
Constitution and to FCYC Rules membership (slip). The Board of
and Regulations. Governors may reject an

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application for transfer if the 1) The member will have
proposed member does not conform exclusive right to use that slip.
to the existing Rules and The member will have the right
Regulations of the FCYC, or if the to sublet that slip as long as the
requesting member is not in good tenant conforms with the Rules
standing. If the transferring and Regulations of the FCYC as
member obtains a price higher than set by the Board of Governors.
the minimum, that higher price will
be used as a basis for the transfer 2) The member will have the right
and any fees. to improve the slip, with the
approval of the Board of
b. The FCYC will retain 10% of the Governors, i.e., better lighting,
membership fee generated by an electrical improvements, etc.
approved transfer and the departing These improvements, their
member will receive the balance of installation and maintenance
any net fees collected by the FCYC will be the responsibility of the
from the transfer of membership. member and not the FCYC.
Upon transfer of the
c. If a member arranges through the membership, the Board of
Board of Governors to transfer his Governors may require that the
membership (slip) to an individual slip be brought back to its
who currently owns a membership, original condition and this shall
the 10% fee will be waived. The be the responsibility of the
purpose of this is to encourage the departing member.
members to favor existing members
in any transaction. The Board of 3) A vote of the simple majority of
Governors may set a reasonable fee the membership shall be
on these transactions to cover any necessary to approve any capital
costs incurred in the transfer. improvements or acquisition
over $10,000.00. The vote of
d. Members (or their estate) may the majority of the membership
transfer their current membership to will have to approve any action
an immediate family member for no by the Board of Governors to
fee Immediate family consists of borrow any funds or encumber
spouse, children and grandchildren. any asset to the FCYC.
Any other family transfers must
have approval of the Board of 4) Any action taken by the Board
Governors. of Governors can be overruled
by a two-thirds majority of the
2.4 Membership rights and slip use current membership.
a. Once approved as a member and
assigned a permanent specific slip,
the member will have the following
rights:

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ARTICLE III receipt requested. If payment is not
DUES, ASSESSMENTS, FEES AND PAYMENTS made within 30 days after the mailing
date of this notification, the
3.1 Dues fees and assessments are membership will be terminated by the
determined by the Board of Governors Board of Governors, after which
and presented and approved at the Fall reinstatement will require payment of
General Membership Meeting. At least all outstanding debts and approval by
30 days prior to any changes going into the Board of Governors. Under no
effect, written notification of any circumstances can membership be
proposed changes in dues or renewed for a succeeding year without
assessments must be given to the the member paying in full all
membership. outstanding debts to the FCYC.

a. Members will be charged dues each If outstanding debt is not paid or a


year to cover the on going cost of certificate of insurance is not submitted
operating the FCYC. within 60 days after the due date, a
default charge of $40.00 will be paid by
b. Members will be charged a Capital the member to the FCYC, in addition to
Facilities Assessment each year, as any other amounts due. Such charge is
necessary, to cover the cost of intended to compensate the FCYC for
maintaining the physical facilities of part of the cost incurred by the FCYC
the FCYC. to collect such debt, including but not
limited to preparing and mailing
3.2 Assessments may also be approved by notices to the member.
the voting membership at any regular
or special membership meeting at Any outstanding debt not paid or
which there is a quorum present. certificate of insurance not submitted to
Eleven (11) members shall constitute a the FCYC will incur an additional late
quorum. Written notification of any fee every 30 days equaling the greater
proposed assessment must be given to of $20.00 per month or 5% of the
the voting membership at least 15 days amount due, but unpaid. This fee shall
prior to the meeting date. Approval of be paid by the member to the FCYC, in
any assessment, as provided in this addition to any other amounts due.
section, requires a two-third majority of Such late fee shall be assessed for the
the voting members present. member’s failure to pay outstanding
debt when due.
3.3 All dues and assessments are payable in
accordance with such schedules as may If a member’s check is returned unpaid,
be established by the Board of a dishonored check fee of $25.00 will
Governors. be paid by the member to the FCYC, in
addition to any other amounts due.
3.4 Members who are 30 days in arrears in Such fee is to compensate the FCYC
paying fees, dues, or assessments shall for additional bookkeeping costs and
have their names posted on the FCYC bank charges incurred by the FCYC on
bulletin board by the Secretary, who account of such dishonored check.
will also notify them in writing by
registered or certified mail, return

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3.5 Members terminated for nonpayment of necessary records for purposes of
debts, or suspended or terminated for planning and budgeting.
violating FCYC Rules and Regulations,
shall be denied any use of FCYC 4.4 The following actions require
facilities until they again become authorization by the membership at a
members in good standing. membership meeting, and can only be
considered if the membership has been
3.6 All indebtedness owing to the FCYC informed of the proposed action at least
by any member shall constitute a lien 30 days before the meeting:
upon such slip. If any such
indebtedness is ninety (90) days past a. Borrowing of new or additional
due, the Board of Governors may funds: May be acted on at any
redeem said slip at its then redemption meeting or special meeting, and
value, after giving the owner of the slip requires for approval a two-thirds
notice in writing at least ten (10) days majority of the voting members
before the time of such redemption. present.
The proceeds of such redemption shall
be applied first to the payment of b. Disbursement from the Capital
expenses of redemption; second, to the Account: May be acted on at any
payment of all debts owing to the meeting or special meeting, and
FCYC by the member, including the require for approval a simple
10% transfer fee; third, the remaining majority of the voting members
balance, if any, shall be paid to the present.
former member.
c. Amendments to the Constitution:
May be acted on at any meeting or
ARTICLE IV special meeting, and require for
SEMI-ANNUAL MEMBERSHIP MEETINGS approval a two-thirds majority of
AND PREROGATIVES the voting members present.
4.1 There shall be meetings of the 4.5 Members with complaints or
membership to occur in April and suggestions about FCYC operations
November. should address them in writing to the
Board of Governors, or to the
4.2 Special meetings of the membership Secretary, or should request in writing
may be called by the Secretary at the an appearance before the Board of
request of the Commodore or at the Governors.
request of three members of the Board
of Governors.
ARTICLE V
4.3 Election of officers and members of the ANNUAL ELECTIONS
Board shall be held at the November
meeting. Those elected and appointed 5.1 The Board of Governors shall appoint a
committee chairs will take office on committee of three (3) voting members
January 2, to coincide with the FCYC’s in good standing to be known as the
fiscal year, but shall have access Nominating Committee. It shall be
immediately after election to all their responsibility to propose a list of

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nominees for officers and members of
the Board of Governors for the ensuing b. The Commodore shall preside at all
year. The nominations are to be posted FCYC meetings and meetings of
at the FCYC at least thirty (30) days the Board of Governors, and shall
before the November meeting and exercise all the usual functions of
mailed to all members. All nominees the office. The Commodore shall
will be contacted to ensure their appoint from the voting
willingness to serve before the membership all committee
presentation of the slate. Additional chairpersons (standing and ad hoc)
candidates may be nominated by and define their duties as necessary.
members in good standing. All such
candidates shall be contacted c. No Commodore shall serve more
previously to ensure their acceptance, if than two consecutive terms as
elected. Commodore. When a
Commodore’s term of office ends,
5.2 The Nominating Committee he or she shall serve on the Board
Chairperson will preside over the of Governors until the retirement of
election. A simple majority of the total the succeeding Commodore.
voting membership in attendance will
carry the vote. In case of a tie, the d. The Commodore shall have the right
voting will continue until the tie is to spend up to $500 per item for
broken. If there are unusual needs too urgent to await the next
circumstances involved in the election Board meeting, without approval by
not covered by specific By-laws, the the Board of Governors. However,
Board of Governors will make each such expenditure must be
appropriate decisions as outlined in reported to the Board at its next
Article VII, Section 7.3. meeting.

6.4 Secretary
ARTICLE VI a. The Secretary shall notify the voting
OFFICERS membership of all semi-annual or
special membership meetings, and
6.1 The elected officers of the FCYC shall shall notify each member of the
be Commodore, Vice Commodore, Board of Governors of all Board
Fleet Captain, Secretary, and Treasurer. meetings. These notices are to be
given not less than three days prior
6.2 The Commodore shall be the senior to the meeting, except where the
officer. If the Commodore is absent or business to be considered requires a
unable to serve, the next officer in line 30-day notice.
of succession shall act temporarily in
the capacity of senior officer. b. The Secretary shall make and keep a
true record of all proceedings of
6.3 Commodore meetings of the Board of Governors
a. To be elected Commodore, the and the FCYC, shall have custody
nominee shall have served at least of all papers of the FCYC, and shall
one year on the Board of
Governors.

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exercise the other usual functions of
the Secretary. b. The quorum will be five members.
The Commodore votes only in case
6.5 Treasurer of a tie.
a. The Treasurer is charged with the
collection and the custody of the 7.3 Powers and Duties of the Board
funds of the FCYC. The Treasurer a. The Board is empowered to make
shall render a report in writing to rules and regulations for the
the Board of Governors whenever grounds, waterfront and docks, and
they request it, and shall make a for all other matters not addressed
written report to the membership at in this Constitution.
each semi-annual meeting.
b. The Board is empowered to interpret
b. The Treasurer shall be bonded to an this Constitution and to interpret
amount determined by the Board of FCYC Rules and Regulations. In
Governors. The bond to be paid by all such matters of interpretation,
the FCYC. the Board’s decision is final unless
overturned in accordance with
Article II, Section 2.4(a)(4).
ARTICLE VII
BOARD OF GOVERNORS c. The Board is empowered to suspend
or terminate a member for
7.1 Membership of the Board misconduct, and, in accordance
a. The Board of Governors shall consist with the notification procedures of
of the FCYC officers (Commodore, Article III, Section 3.4, to suspend
Vice Commodore, Fleet Captain, or terminate a member for failure to
Secretary, Treasurer); three (3) pay dues, assessments, or other
members elected from the voting debts to the FCYC and for violation
membership, and the immediate of the By-Laws, Rules and
Past Commodore. Regulations.

b. The Board has the power, at its d. All checks in excess of $500.00 must
discretion, to remove any of its be signed by the Commodore and
members for misconduct (by a two- the Treasurer, unless one of the
thirds majority) or for failure to above is unable to do so for any
attend two of any three consecutive reason, in which case the Vice
meetings. In the case of a vacancy Commodore may sign in his or her
for any cause, the Board may absence. The Board has the
appoint a replacement to serve until authority to refinance debts as it
the next annual election. deems appropriate, but may not
borrow new or additional funds
7.2 Meetings of the Board without the approval of the
a. The Board shall meet at least four membership, as specified in Article
times a year. Additional meetings IV, Section 4.4(a).
may be held at the request of the
Commodore or of three members of
the Board.

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e. The Board oversees the Capital • Prepare annual budgets.
Account, monies for which may be • Expend FCYC funds for the
set aside by any of the following operation and maintenance of
procedures: facility.
• Supervise the election of new
1) The membership (slip) transfer officers and changes to the By-
fee paid by new members shall Laws.
be deposited in this account. • Act as the arbitrator of disputes
2) The Board may deposit in this between members.
account surplus monies
remaining at the end of a fiscal
year. ARTICLE VIII
3) Donations and bequests may be AMENDMENTS
designated for deposit in the
account; or the voting 8.1 The Constitution may be amended at
membership or the Board may any meeting or special membership
approve other means for meeting, provided the voting
provisioning this account. membership has been notified of the
proposed amendment by the Secretary
Monies deposited in this account at least 30 days prior to the meeting.
are dedicated to supporting major
improvements in the FCYC 8.2 Amendments may be proposed by the
property. Disbursements from this Board of Governors or by individual
account require the authorization of voting members. Any proposed
the Board of Governors. amendment must be endorsed by the
signatures of at least three voting
f. At each meeting of membership, the members in good standing.
Board shall report, through its
Commodore and Treasurer, on the 8.3 During the meeting, changes in
financial condition of the FCYC. language or content may be made
As part of its report, it shall render provided they do not change the scope
an end-of-year financial statement of the amendment, but any changes
for the preceding fiscal year. must be approved by a two-thirds
majority of the voting membership
g. The Board of Governors shall also present. An amendment is effective
have the authority to: immediately upon approval, unless the
• Set minimum prices for amendment specifies another effective
memberships. date.
• Act as the agent for any transfer
of membership. 8.4 The final amendment must be approved
• Collect and manage all fees, by a two-thirds majority of the voting
dues and assessments. membership present. Provided,
• Set rules of operation and however, that amendments to the
conduct of membership. Ground Rules and Waterfront
• Accept or deny applications for Regulations may be amended by the
membership.

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Board of Governors as provided in
Article VII, Section 7.3(a).

ARTICLE IX
DISSOLUTION

9.1 Upon the dissolution and liquidation of


the FCYC, after payment of all
liabilities to creditors or real estate
taxes, the assets of the FCYC then
remaining shall be equally divided
among all members in good standing of
the FCYC. If at the time such
obligations are to be paid to a member
pursuant to the provisions of this
Section, the member is deceased, such
obligation shall be payable to person(s)
entitled to receive the properties of
such deceased member under the
provisions of such member’s will, or,
the applicable laws of intestate
succession.

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FCYC GROUNDS RULES and parents will be responsible for any
violation of the liquor laws by their
1. A membership entitles the member, children and guests.
his/her spouse, and minor children to
all privileges of the Club as specified in 10. Any loud and boisterous noises will not
the Constitution and By-Laws. be tolerated.

2. Vulgarity, profanity, or indecent 11. All transient boats must notify the Fleet
language and actions will not be Captain or a FCYC Officer upon
tolerated on the grounds or piers; at all arrival.
times members and their guests are
expected to conduct themselves as
Ladies and Gentlemen. FCYC
WATERFRONT REGULATIONS
3. Members and guests are expected to
present a respectable appearance at all 1. The fueling of boats at the FCYC is
times. strictly prohibited. This is a safety,
environmental, and insurance issue.
4. Do not strew paper or debris on FCYC There are no exceptions to this rule.
property. Containers provided must be
used for trash disposal. If you see 2. All boaters are asked to observe a 6
things lying around, please pick them MPH maximum speed limit (no wake)
up. in both directions between the FCYC
and the Severn River channel.
5. Do not throw garbage or debris
overboard, including lubrication oil of 3. All members and visitors requiring
any kind. temporary dockage must notify the
Fleet Captain or a FCYC Officer
6. Any person breaking fixtures, before, or upon arrival.
equipment, or otherwise damaging
FCYC property is strictly responsible 4. All boaters temporarily moored in a
for same. slip must leave it and all slipholder’s
dock lines, electrical cords, hoses, etc.
7. The FCYC is not responsible at any as found. Visitors are requested to use
time for fire, theft, accidents, or loss of their own equipment.
money or personal property.
5. All boaters should tie up in such a way
8. All guests must be accompanied by that they do not block any other boat
members when using the FCYC’s from free and unrestricted movement.
facilities. If a member abuses his/her Any exceptions must be authorized by
guest privileges, these privileges may the Fleet Captain or his representative.
be revoked by the Board of Governors.
6. No one may board any boat for any
9. Minors are not permitted to consume reason without the owner’s permission
any alcoholic beverages of any kind. except in cases of extreme emergency.
This will be enforced rigidly. Members

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7. The discharge of toxic materials 14. Only routine maintenance and repair
overboard or disposal of such materials may be performed on the boat. No
anywhere on FCYC grounds is strictly extensive repairs or painting may be
forbidden. Used oil, fuel, toxic performed on the boat without the
antifreeze, or any other toxic substance consent of the Fleet Captain.
must be removed from FCYC property
and disposed of at an approved 15. All members must present proof of
recycling facility. liability insurance with minimum
coverage of $300,000 for their boat and
8. All dogs, while not aboard their maintain a current Certificate of
owner’s boat, must be on a leash and Insurance with the FCYC each year so
under control of the owner at all times. long as he/she is a member. A VALID
CERTIFICATE MUST BE IN THE
9. Bare feet on the docks and grounds are POSSESSION OF THE FCYC FLEET
strongly discouraged. For safety CAPTAIN AT ALL TIMES.
reasons, protective footgear is Likewise, if a member exercised his/her
encouraged. right to sublet a slip in accordance with
Article II, Section 2.4(a)(1), it shall be
10. No crabbing is permitted between the the member’s responsibility to provide
hours of 9 PM and 6AM. proof of insurance to the FCYC.
Failure to comply with this Article will
11. Children on the docks shall be under subject the member to action by the
adult supervision and control at all Board, in accordance with Article III,
times. Children under the age of Section 3.4 and Article VII, Section
twelve not accompanied by an adult 7.3.
must wear an approved life jacket when
on or near the docks and bulkheads.
Running is not permitted on the docks DINGHY STORAGE POLICY
at any time.
If you wish to store your dinghy, canoe,
12. All boaters should respect the rights of or small boat in the FCYC dinghy
their neighbors. All audio equipment storage area, you must complete an
(radios, stereos, TV’s, VHF CB, etc.) application (available from the
shall be kept at low volume and turned Secretary) and pay a fee of $32.50
off when the boat is not occupied. No annually.
loud or boisterous behavior will be
tolerated.
POLICY FOR NOTIFICATION
13. FCYC assumes no liability or
OF
responsibility for damage to or theft of
any boat or its equipment and MEMBERSHIP SALE
inventory, or personal injury to its
occupants, while the boat is docked at All members shall notify the FCYC
FCYC. Board if they desire to sell their equity
membership. Upon notification of a
proposed sale, the FCYC Secretary
shall notify all members and the “Non-

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member Notification List” of the
details of the sale.

If a non-member wishes to be notified


when a FCYC slip is for sale, they must
make a written request to the Secretary
of the FCYC to be placed on the “Non-
Member Notification List.”

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