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Statutes Club Pollença

Estatutes

You can download the statutes here.

These statutes were approved by the Extraordinary General Meeting held on November 7 1986. Articles 8 and 29  have subsequently been amended.

                                                   PRELIMINARY TITLE

CHAPTER ONE : name , purpose, address and it’s area of jurisdiction.

Art. 1 . CLUB POLLENÇA, local society , located in its own property,  in the Plaza Mayor no.1 (now No. 10) of Pollensa , its main objectives are : to create , organize, encourage and work with all kinds of acts of cultural, artistic, social , athletic and recreational nature that is not linked to any group or association of a political, trade union , religious, financial or economic nature.

FIRST TITLE                         

                                   CHAPTER ONE: THE MEMBERS

Art. 2.  Anyone can apply to become a member of CLUB POLLENÇA from Spanish or foreign nationality as long as they comply with the statutes of the Club, and the law and have been  been accepted by the committee.

Art. 3. There will be the following categories of members: full members, group membership, young persons membership and childrens membership. A membership number will be given to every adult, appointed by the committee. A Youth membership for anyone over the age of 14 needs to be authorized by a parent or legal guardian, and accepted by the committee. When the young person reaches 18 years of age they will automatically become an adult member.  Children under the age of 14 can become members with the permission of their parents or legal guardian, and at the discretion of the committee.

Art. 4. The General Assembly, at the initiative of the committee may in some cases appoint a member, a group of members or other society or Company, with honorary membership. If honorary membership is given you will always retain this category of membership.

 

Chapter Two: Rights and obligations of the member

Art. 5. The members rights are:

- Take part and enjoy the facilities and activities that take place in the clubhouse or are organised there.

- Belonging to any section or group that is held at The Club, subject to compliance with specific requirements, including the payment of set fees.

- To propose or suggest to the committee any matter considered interesting or desirable for the proper conduct of The Club.

- Make proposals and give its opinion to the General Assembly.

- Convene through the committee, Extraordinary General Meeting in the form and requirements established in the Art.15e.

 

Art. 6. The exclusive rights of full members:

The elected committee will represent the members of The Club.
Nominate a candidate for appointment to the committee
Have the right to vote at any general meeting or election as called.

Art. 7 Youth members may exercise the right to vote at all General Meetings and elections to be convened, except those acts where the legal age is required. Child members (under the age of 14) are not entitled to vote, or to convene, through the committee, at an Extraordinary General Meeting in the manner and conditions set out in Article 15.

Art. 8. Obligations for all members:

- Observe the statutes of The club and existing regulations.

- Comply with the resolutions of the General Assembly and the Committee.

- Pay membership fees promptly in case of delay in payment, pay any surcharge or expenses incurred. 

- In the event that two partners form a stable partner number, defined as the union of two persons living in a free, open and notorious manner, in a marriage or similar to marriage affection, entitled to the bonus their respective membership fee in the amount number or percentage that, in general, agreed by the General Assembly. The individualized application of the agreed bonus must be formally requested by stakeholders.

- The youth and children's membership fee will be less than that of an adult member.

- Notify the committee of any change of address.

CHAPTER THREE: Sanctions

Art. 9. If the behavior of a member does not comply with the statutory rules or the local law a member may be punished in the manner that the Board considers appropriate and may be sanction the temporary loss or permanent loss of membership.

Art. 10. Before the sanction is imposed the member is entitled to submit, in their defense, claims before the Board, within a maximum period of 15 days from receipt of notice.

Art. 11. At the same time the committee’s decision shall be final, however a member may, appeal against that decision at the first General Assembly held.

TITLE II: GOVERNING BODIES

                      AND ADMINISTRATIVE ARRANGEMENTS

                      CHAPTER ONE: From the General Assembly

Art. 12. The General Assembly, the supreme body of the Company shall be composed of all members.

Art. 13. The General Assembly shall meet regularly.

Art. 14. An annual general meeting will be held once a year, in the month of December so that the committee can present the accounts from the previous year, present the proposal for the coming year and approve the reelection of the committee.

Art. 15. The General Assembly shall meet in extraordinary session whenever it is deemed necessary to convene, either at the request of the committee or at the request of a number of not less than five percent of the members, however it may not deal with any matters which are not included in the order of day.

Art. 16. The sessions of both ordinary and extraordinary General Assembly considered legally constituted whatever the number of members present and the agreements shall be valid when agreed by half plus one of the attendees.

Art. 17. All meetings shall be convened by the committee in writing to each member, with a minimum of eight days notice. At the same time the notice shall be posted on the bulletin board.

 

CHAPTER TWO: From the committee

Art. 18 The committee, governing body of the The Club, will be responsible for the administration and inner workings of it, they shall comply with the resolutions of the General Assembly and the present statutes,  and finding solutions if there is no established agreement.

Art. 19. The Board shall consist of a President, a Vice President, a Secretary, a Treasurer and five additional members.

Art. 20. The roles of the committee will be voluntary and free. The committee will be completely reviewed every four years with the option that any member may be elected.

Art. 21. The committee shall meet at least once a month, and whenever the President deems necessary or any member of the committee requests it.

Art. 22. The Committee can make decisions if at least half of the group plus one are present. The president or his representative should also be present.

Art. 23. In case of a vacancy in any role on the committee, the President shall appoint interim charges. If the vacancies were half plus one or were occupied by interim, new elections are held. 

The President

Art. 24. The President shall represent The Club and the committee. He will chair the General Assemblies and meetings of the committee, deciding their vote in case of a tie vote.

                                                       Vice President

Art. 25. The Vice president will replace the President in case of vacancy or absence, taking on the role, will have the same powers as the President.

                                                       Secretary

Art. 26. The functions of the Secretary:

- Be responsible for drafting the minutes of the meetings held both the committee and the General Assembly, noting on them its development and any agreements adopted and sign at the end, along with other members of the Board.

- Maintain the list of members, monitoring the new members and those not renewing their membership, and personal data of each member up to date.

- Supervise, together with the treasurer, all administrative and organization of The Club being responsible for the official records, and documentation of The Club.

                                                     Treasurer

Art. 27. The duties of the Treasurer:

- Reflect and control the accounting books, keeping a record of the financial status and movement in The Club, reporting to the Board, at least monthly and whenever is required, the accounting and balance.

- Care and inspect, together with the Secretary, all administrative and organizational services, bridging any gap that could is identified.

- Present the bills and together with the President, approve and pay them.

Of the Members

Art. 28. The elected members will have their own agreed roles on the committee. In the case of resignation or something which  prevent the normal development of the duties of the Vice President, Secretary or Treasurer,  the elected members can fill these roles with the most suitable candidate as agreed by the committee.

CHAPTER THREE: Election Rules

Art. 29. The election of members of the committee shall be reviewed every four years.

Art. 30. The announcement will be made by the committee and announced in the relevant board and all members will receive written notice of at least thirty calendar days before the date thereof.

Art. 31. Any full member, who has been a member for a minimum of one year can be submitted as a candidate.

Art. 32 A full committee must be submitted to complete applications, covering all the positions.  (The candidate who does not meet the above requirement shall be null).

Art. 33. The deadline for nominations will end fifteen calendar days before the date set for the elections.

Art. 34. The announcements of the nominations for the committee will be made public, the day following after the deadline. 

Art. 35. Seven calendar days before the elections, during a public session, the committee will select, by lottery, a full member take part in the election process alongside the President and the Secretary. At the same event and with the same procedure five alternates will also be chosen.

Art. 36. Each of the candidates may appoint an auditor to monitor the elections. The president will have the deciding vote in the result of a tie.

Art. 37. At the appointed hour, the table is set up. The voting should be personal and secret. The duration of the Election Day is four hours. If there is any doubt about someone wishing to vote the President may require the accreditation of your Membership

Art. 38. When voting has closed, the votes will be counted, in public session, and the results announced.

Art. 39. The elected committee should take up their positions in a maximum period of fifteen days after the election.

Art. 40. In the case that only a single application is filed, it shall automatically be chosen, requiring approval by the General Assembly in the first session to be held. If this approval does not take place, the General Assembly will have to decide.

Art. 41. In the event that there are no new candidates, the electoral process is repeated and if there is no resolution the committee will be forced to call a General Assembly to decide.

PART THREE: THE SECTIONS

Art. 42. If it was deemed necessary for the development of The Club, it could be divided in to departments, and The Club Pollença could be associated with relevant associations or organisations.

Art. 43. The committee could decide to create sections, should twenty members, request it and submit a plan of activities to develop. The Committee could then delegate somebody to manage that section, dictating the terms under which they should operate.

Art. 44. Those, who because of their age, cannot be members of POLLENÇA CLUB  maybe members the sections, according to the activity and its conditions.

Art. 45. Should the committee see fit to collaborate with any other entity, association, cultural, recreational, sports, etc. The Club Pollença may make available the use of it’s premises as it deemed appropriate.  But such collaboration does not mean that The Club Pollença can accept responsibility for the activities of this association or group

PART FOUR: DISSOLUTION AND LIQUIDATION

Art. 46. To dissolve The Club, it would require agreement of two-thirds of the full members at the Extraordinary General Assembly convened for that purpose is required.

Art. 47. Once agreed the dissolution of The Club will proceed with the sale of all movable and immovable property at public auction and then settle any outstanding debts, The rest is to be divided among the Charitable Institutions of the town. The existing committee will remain in office until the final liquidation of the Company, its management reporting to the Extraordinary General Assembly convened for that purpose.

DISPOSAL

The modification of these statutes can only be made with the favorable settlement of two thirds of the members attending the Extraordinary General Assembly convened for that purpose.