LOCH DUNVEGAN MOORINGS ASSOCIATION

In compliance with the Crown Estate we have formed Loch Dunvegan Moorings Association so that we may maintain and develope this facility for visiting sailors.

At present we have 6 newly installed visitor moorings with pickups. These moorings are situated at the head of the loch beyond the fishing pier at grid reference: 57°26.315'N 6°35.359'W

We welcome any comments which any of you may have.

Constitution

DUNVEGAN MOORINGS ASSOCIATION

1.0 Objects

1.1 The object of the Dunvegan Moorings Association (hereinafter called "the Association") is to obtain mooring rights and to coordinate and administer the use of those moorings at Dunvegan, Isle of Skye in the Mooring Area hereinafter described, and to promote general marine improvements in the area for Community benefit.

1.2 Location of moorings area:
Loch Dunvegan, skye, within the area sosusth east of a line between the following points:

57o 26.50’N : 06o 35.73’W
57o 26.51’N : 06o 35.47’W

2.0 Membership

2.1 Any person either owning a mooring or with an interest in having a mooring in the Mooring Area is qualified to become a member.

2.2 Members shall be entitled to all privileges and amenities of the Association and shall have the right to vote on all Association matters at General Meetings.

2.3 Application for membership shall be made to the Secretary, and upon election by the Committee, a new member will be given a copy of this Constitution and the subscription will immediately be payable.

2.4 Acceptance of an application 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 within the Mooring Area and, in any event, provided there is adequate space.

2.5 Members shall provide the Association with details of the name of their vessel and the full name and address and shall inform the Association of any change in those details as soon as possible. Members consent to the Association providing all such details to the Crown Estate.

2.6 Members shall be responsible for their own moorings and are expected to maintain such moorings in a manner which shows due regard for the safety of other members and marine users.

2.7 The position of mooring shall be determined by the Committee and no mooring will be set without due consent.

2.8 If the Committee or the Association refuses an application, the applicant has the right of appeal to the Crown Estate Commissioners, 6 Bell’s Brae, Edinburgh, EH4 3BJ, (hereinafter called "the Commissioners") whose decision shall be final.

3.0 Committee

3.1 The Committee shall be elected at the Annual General Meeting and shall consist of Chairman, Secretary and Treasurer (hereinafter called "the Officers") and 4 other members.

3.2 The Committee shall retire at each Annual General Meeting but shall be eligible for re-election.

3.3 Not less than 1 Officer and 2 other members of the Committee shall constitute a quorum at any formal meeting of the Committee.

3.4 The Committee shall have the power to co-opt additional members to it.

3.5 The Committee shall have the right to exercise generally all powers competent to the Association itself, including the power to enter into agreements on behalf of the Association.

3.6 Any 2 or more of the Officers will have the power to execute or sign deeds or documents as Trustees for or on behalf of the Association.

4.0 Subscriptions

4.1 Subscriptions payable by each member of the Association will comprise 3 components, namely:

a) the fees payable from time to time to the Commissioners in accordance with the Minute of Agreement with it, being in 2013 £45.00 plus VAT per annum.

(At the formation of the Association the annual fee of the Commissioners is payable on 1 July (being for the respective year commencing the previous 1 January.)

b) such sum or sums on such date or dates as the Committee shall decide as being sufficient to cover the administration costs of the Association.

c) such sum or sums on such date or dates as the committee shall decide as being sufficient to cover the cost of maintenance of any ground tackle in the ownership of the Association.
4.2 In order to minimise collection administration, each member of the Association shall be able to pay by Direct Debit the said fees and administration costs on such date and into such Bank or Building Society account as the Treasurer shall advise members from time to time.

4.3 Should any member fail to pay the annual subscription or any other requested payment by the due date the said member will cease to be a member and will lose all rights of the member association, including the right to use any mooring within the association area.

5.0 General Meetings

5.1 An Annual General Meeting shall be called in May of each year.

Notices calling the Annual General Meeting shall be recorded in the Minutes of the preceding Committee Meeting and also posted on the Notice Board of the Dunvegan Hotel, Misty Isle Hotel, Dunvegan Pier Store, at least 14 days prior to such Meeting.

5.2 Special General Meetings may be called at any time by the Committee or by at least 3 members on written request to the Committee which request will state the purpose of the meeting and the terms of any Motion or Motions to be submitted to it.

Special General Meetings will be called within 28 days of such request and Notices of it will be posted on the Notice Board of the Dunvegan Hotel, Misty Isle Hotel, Dunvegan Pier Store.

5.3 A quorum of any General Meeting will be any number being more than 50 percent of the then existing membership of the Association.

6.0 Accounts

6.1 The Treasurer will be responsible for the maintenance of all accounts and shall present them annually at the Annual General Meeting of the Association.

6.2 Members properly incurring costs for inclusion in the accounts shall present them to the Treasurer not less than 1 month before the Annual General Meeting.

6.3 If requested in writing by 3 or more members the Committee shall arrange for the accounts to be audited by an independent qualified auditor whose findings shall be binding on the Association.

7.0 Winding up

7.1 The Association is intended to be non-profit making, maintaining a small positive cash- flow consistent with good business practice.

7.2 The property of the Association shall include ground chains, joining shackles and anchors of the moorings to be provided for visiting mariners, and any pontoons and shore based infrastructure which may be purchased by the Association.

7.3 Provided proper Notice has been given as aforesaid of a Notice of Motion to be heard at a Special General Meeting requiring winding up of the Association, the Association may be wound up provided that such Motion is supported at a secret ballot by more than 50% of the then existing membership of the Association.

7.4 Upon the winding up of the Association any assets remaining after all debts and liabilities have been settled will be transferred to Dunvegan Community Council for the benefit of the Community.

8.0 Indemnity

Notwithstanding any provision of the Constitution and Rules of the Association, the Members of the Association jointly and severally hold harmless the Officers of the Association from any actual or intended claim or costs or liability howsoever arising as a consequence of carrying out their duties as Officers of the Association.

                                                              - June 2012