ARTICLE I: MEMBERSHIP
Section 1 No person shall be eligible for membership in this club until such person will have reached the age of twenty-one (21) years, and be of good character, and shall have demonstrated an interest in boating in the Laguna Madre Area. The unmarried children of bona fide club members shall be included in the membership of their parents until age twenty-one (21). Membership cards shall be issued annually to all bona fide members. The property of the club shall be vested solely in the members. Termination of membership for any cause shall operate as a release of all right and title to the property and assets of the club.4
Section 2 There shall be the following classes of membership in the club: Member (resident), Life Member, Associate Member (non-resident) and Emeritus4 Member.
Section 3 The number of members in the club shall be limited to 2004 members and such number of associate (non-resident) and emeritus3 members as are eligible for membership under conditions hereinafter set forth.
Section 4 The classes of membership are defined as follows:
- “Member” shall be those who maintain a residence in the Rio Grande Valley at the time of membership application. Each membership shall be entitled to one vote. Members who leave the club and then return shall pay an initiation fee at the discretion of the membership committee.4
- “Life Member” shall be those who maintained a residence in the Rio Grande Valley at the time of life member application. Each life membership shall be entitled to one vote. Life members are exempt from paying annual dues and are entitled to all benefits of membership in the Laguna Madre Yacht Club. Life membership was a special fund raising benefit and was limited to 25 memberships. No additional applicants will be accepted.
- “Associate Member” shall be those members who move their residence from the Rio Grande Valley and who, upon application and payment of a fee set by the Laguna Madre Yacht Club, maintain an affiliation with the club. Their privileges will be as follows: They shall receive the monthly newsletter, may attend meetings but may not vote, may not hold office, may attend social functions subject to fees set by the club, will not be issued a membership card, may reinstate regular membership without payment of an additional fee provided they meet requirements for regular membership and the current membership does not exceed 2004 members.
- “Emeritus Member” shall be those deceased former members whom the current members wish to honor.4
Section 5 Admission of Members
- Application for membership in the club shall be made in writing and shall state the name, address and business of the applicant; the class membership desired; and be endorsed by two members in good standing. All applications for membership shall be filed with the secretary, who shall deliver such applications to the membership committee. The membership committee shall file a report in writing with the Commodore. The Commodore shall advise the membership of the club either by mail or by posting the names of the candidates on the club bulletin board. If, after two weeks, there is no written objection by the membership, the Commodore shall declare the applicant duly elected to membership, and admit such applicant to membership.
- In the event written objection is filed with the Commodore, the Commodore shall transmit such objection to the officers of the club, who shall give those proposing the candidate an opportunity to be heard before them. The club officers shall then determine whether or not the applicant shall be admitted to the membership. A two-thirds (2/3) vote of the officers shall be required to admit such applicant to the membership.
ARTICLE II. OFFICERS
Section 1 The affairs of the club shall be conducted by the officers of the club. These shall be the nine (9) officers specified herein and the immediate past Commodore as ex-officio.
Section 2 The officers shall conduct, manage and direct the business of the club. They shall have control of the club’s property as is necessary for the management, operation and development of the club and its facilities. The officers may also buy, sell, lease and mortgage real property, and may borrow money for the development of the club and its facilities, provided that the officers have obtained consent concerning such purchase, sale, lease, mortgage or borrowing, from a majority of the club members voting at the annual meeting or voting at a special meeting called by the Commodore with seven (7) days notice having been given to the membership.
Section 3 The officers of the club shall have the power to expel any member of the club guilty of any violation of the by-laws or rules of the club, or of any offense against the good government of the club, which shall include any misconduct of a member or his affiliations rendering him undesirable as a member of the club, whether committed on club property or not. A copy of the charges preferred against any member shall be delivered to him at least ten (10) days prior to the meeting at which such charges shall be considered, and such member shall have an opportunity to be heard in his defense. In order to expel a member, a two-thirds (2/3) vote of the nine (9) officers of the club shall be required.
Section 4 The officers of the club shall consist of a Commodore, Vice-Commodore, Rear-Commodore, Secretary, Treasurer, Fleet Captain, Club Steward, Fleet Surgeon, and Fleet Barrister. Their term of office shall be for one year. A husband-wife team may be elected jointly to any office. Only boat owners or prospective boat owners may hold office.1
Section 5 The Commodore shall preside at meetings of the club and club officer meetings.
Section 6 The Vice-Commodore shall discharge all of the duties of the Commodore during his absence or inability to act. The Vice-Commodore shall be responsible for the care, maintenance, décor, repair, and operation of the clubhouse and grounds. He shall oversee the activities of the House Committee and Grounds Committee.2
Section 7 The Rear Commodore shall discharge all of the duties of the Vice-Commodore during the absence or inability of the Commodore or Vice-Commodore. He shall also be Chairman of the publication committee which shall publish the monthly club bulletin or paper.
Section 8 The Secretary shall keep the corporate records of the club; be the custodian of the seal of the club; keep records of the proceedings of all meetings of the members and club officers; and perform such duties as are required by the by-laws, the Commodore, or officers.
Section 9 The Treasurer shall have custody of all moneys and funds belonging to the club; keep or see that proper books and records are kept; and prepare or cause to be prepared, as directed by the officers, a true financial statement reflecting the assets and liabilities of the club as well as all receipts and disbursements.
Section 10 The Fleet Captain shall lead all maneuvers of the fleet and perform such other duties as shall be assigned to him by the Commodore. He shall direct the activities of the Race and Cruising Committees.
Section 11 The Club Steward shall be responsible for all entertainment and social activities of the club. He shall oversee the activities of the Entertainment and Social Events Committees.2
Section 12 The Fleet Surgeon shall be charged with the duty of providing proper medical supplies at the club and shall recommend to the officers, measures he may deem necessary to maintain safety and sanitary conditions both ashore and afloat.
Sections 13 The Fleet Barrister shall provide legal counsel as needed by the club.1
ARTICLE III. COMMITTEES
Section 1 It shall be the duty of the Commodore, immediately after his election, to appoint the following standing committees, and name the chairmen of such committees to serve until the next annual meeting or their successors are appointed.
- Entertainment, Calling and Social Events Committee
- Publications Committee
- Race Committee
- Cruising Committee
- Membership Committee
- House Committee2
- Grounds Committee2
Section 2 The Entertainment, Calling and Social Events Committee, under the direction of the Club Steward, shall have supervision over all entertainment and social functions of the club.2
Section 3 The Publications Committee shall publish and distribute to the membership a monthly club bulletin as directed by the Rear-Commodore.
Section 4 The duties of the Race Committee, under the direction of the Fleet Captain, shall be as follows:
- Formulate the season’s racing schedule.
- Set and maintain a suitable race course.
- Make all necessary arrangements for the proper management of all club races.
- Keep a permanent record of all racing results, and to publish the standings of all participating members periodically.
- Make arrangements for procurement of trophies.
- Establish a system of qualifications for members of the club in sailing events.
- Establish and maintain a club handicap rating system for competing boats of club members and advise each club member of his rating.
- Where applicable, all races shall be conducted according to the rules and regulations provided by the International Yacht Racing Union.
Section 5 The Cruising Committee shall plan club cruising activities as directed by the Fleet Captain.
Section 6 The Membership Committee under the direction of the Commodore shall be responsible for screening applicants for membership in the Laguna Madre Yacht Club. They shall advise the Commodore of their findings and make recommendations to the Commodore for acceptance or rejection of the application for membership. Upon acceptance of the application by the club, the committee shall prepare acceptance letters to the applicant for the Commodore, and a dues letter to the applicant for the Treasurer. The committee shall maintain membership records and furnish the Publications Committee a listing of members in the form of labels for the newsletter, and data for the annual roster. The Committee shall consist of not less than three (3) or more than seven (7) members including the chairman.
Section 7 The House Committee, under the supervision of the Vice-Commodore, shall be responsible for the cleanliness, décor, operation, repair and maintenance of the clubhouse.2
Section 8 The Grounds Committee, under the supervision of the Vice-Commodore, shall be responsible for the care and maintenance of club grounds.2
ARTICE IV. MEMBERSHIP FEES AND DUES
Section 1 Membership initiation fees shall be as follows:
- Member…………………………………….$100.005
- Life Member……………………………….not applicable
- Associate Member…………………………not applicable
- Honorary Member………………………….not applicable
(State sales tax is included in all initiation fees.)
Section 2 Membership annual dues shall be as follows:
- Member…………………………………… $330.009
Prorated the first year of membership on a per month basis. - Life Member………………………………..not applicable
- Associate Member………………………….$ 35.00
- Honorary Member…………………………..no charge
(State sales tax is included in all annual dues.)
Section 3 The 09 November 2002 By-law Revision relating to the Member initiation fee and proration of the first year of membership dues on a per month basis will remain in effect until the Laguna Madre Yacht Club has one hundred (100) dues paying Members.6
ARTICLE V. MEETINGS8
Section 1 The regular annual meeting of the club, for the purpose of installing officers and the transaction of such business as may come before such meetings, shall be held during the month of January at the clubhouse or such other place as the officers may designate.
Section 2 Special meetings may be called by the Commodore or officers upon the request of five (5) members. The Secretary shall mail or email a notice of such meetings to each member at least seven (7) days prior to such meetings designating the time and place. No business shall be transacted at any special meeting other than that set forth in the notice calling such meetings.
Section 3 Twenty (20) percent of the active membership, present at any regular meeting or special meeting of the club and qualified to vote, as herein provided, shall constitute a quorum.
Section 4 Regular meetings of the officers shall be held on the date fixed by resolution of the officers. Special meetings of the officers may be held at any time upon the call of the Commodore or at the request of three (3) of the officers.
ARTICLE VI. ELECTION OF OFFICERS
Section 1 The officers of the club shall be elected during the month of November and shall take office at the annual meeting in January.
Section 2 The candidates for office shall be nominated by either of the following methods:
- At least fifteen (15) days prior to the October4 meeting, the officers of the club shall appoint a nominating committee, composed of three (3) members who shall nominate candidates to be voted upon at the November meeting. The names of such nominees shall be mailed to the membership along with a meeting notice for the November.
- The nominating committee shall set the election meeting date in November and handle such details as are necessary.
- Any member eligible to vote and in good standing may nominate a candidate from the floor at the November meeting when nominations are called for.
ARTICLE VII. DEBTS DUE THE CLUB
Section 1 All debts due the club shall be payable upon receipt of the club bill. If all indebtedness is not paid by the twentieth (20) day of the month in which bills are mailed, members will be posted. If not paid within thirty (30) days thereafter, members shall be suspended without further action and such members shall not be permitted to enjoy any privileges of the club. If all said indebtedness is not paid within thirty (30) days after suspension, and unless the officers of the club consider other action appropriate, the member shall be given notice by the Treasurer that his membership has been forfeited.
Section 2 Members shall be notified in October4 that the annual dues are due by the following January 1. If such dues are not paid by the following February 1, the name of the delinquent member shall be posted and the member will be sent a certified letter advising him that, if the dues are not paid by February 15, the member shall forfeit membership in the club. If the dues are not paid by February 15, such membership shall be forfeited.
ARTICLE VIII. AMENDMENTS TO THE BY-LAWS
The by-laws of the club may be amended by a majority of the members present at any regular or special meeting of the club where a quorum has been established and the provisions of Article V (Meetings) have been fulfilled.
ARTICLE IX. LMYC CLUBHOUSE3
Section 1 The clubhouse shall be owned by the Laguna Madre Yacht Club for the primary use and benefit of its members, and for the business affairs and operation of the Laguna Madre Yacht Club, as authorized by the Commodore and his flag officers, as well as social activities which may be scheduled by the club or any of its various committees.
Section 2 The clubhouse shall also be available for Informal Use10 by any member in good standing at such times as it is not being used for official functions of the LMYC. Such Informal Use of the clubhouse and its facilities shall be limited to members, their families, and invited guests of said member or members.
- Informal Use is defined as use in keeping with the spirit for which the original purpose for the LMYC Clubhouse was intended, as outlined in its Bylaws and other posted rules. A violation of this spirit would include but is not limited to
- Habitual and consecutive use of the cooking and washing facilities.
- Storage of personal or commercial goods within the clubhouse overnight.
- Sleeping in the clubhouse overnight, except in emergencies.
- Use by non-members except as provided in the Bylaws.
- Occupying sufficient space within the clubhouse so as to deny use of the facilities to others, except as outlined in these Bylaws.
- Any individual action that intends to use these facilities in an unfair or disproportionate manner relative to the use intended for the whole membership body.
- Actions not in keeping with these guidelines are subject to review by the sitting Flag Officers. Any officer involved in such actions under review must recuse themselves of their responsibility to review such actions. Any remedy for such actions must be agreed to by 2/3rds of all eligible reviewing officers, or as otherwise explicitly outlined elsewhere in these Bylaws.
Section 3 The Flag Officers will determine if the clubhouse may be used by any other organization, either formal or Informal Use, or by any other person or persons not affiliated with the Laguna Madre Yacht Club.
Section 4(A) The remaining assets of the organization will be transferred to this state, the United States, or an educational, religious, charitable or other similar organization that is qualified as a charitable organization under the Section 501(c)(3), Internal Revenue Code of 1986, as amended; or
Section 4(B) If required for the organization to qualify as a tax-exempt organization under Section 501(c)(12), Internal Revenue Code of 1986, as amended, the assets are to be transferred directly to the organization’s members, each of whom, by application of acceptance of membership in the organization, has agreed to immediately transfer those assets to this state, the United States, or an educational, religious, charitable, or other similar organization that is qualified as a charitable organization under the Section 501(c)(3), Internal Revenue Code of 1986, as amended, as designated in the bylaws, charter, or regulations adopted by the organization.
1Revisions to Article II were approved by a special membership meeting on February 4, 1979.
2Revisions to Article II, Article III, and Article IV were approved at a special meeting on November 15, 1986.
3Article IX was added to the by-laws on July 4, 1987 at a special meeting at the LMYC clubhouse.
4Revisions made in 1999 and the revised by-laws (as a whole) were approved by a general membership meeting on November 13, 1999.
5 Revisions regarding Article IV were approved at a general membership meeting on November 09, 2002.
6 Revisions regarding Article IV were approved by a general membership meeting on November 15, 2003 and again by a general membership meeting on November 12, 2016.
7Revisions regarding Article IX were approved by a general membership meeting on January 11, 2014.
8Revisions regarding Article V were approved by a general membership meeting on November 12, 2016.
9Revisions regarding Article IX, Section 2, Items a and c were approved by a general membership meeting on December 10, 2022 (i.e., $330 & $35 respectively).
10Revsions regarding Article IX, Section 3, Defining Informal Use were approved by a general membership meeting om August 12th. 2023.