1. PREAMBLE
The purpose of this Constitution is to clarify the goals and objectives of LAPRA and also provide a simple framework for the manner in which LAPRA shall conduct it activities. It is not an exhaustive and rigorous document that presumes to cater to all situations and eventualities in the functioning of the Association.
This Constitution will best serve its purpose if Members are unselfish and broadminded in its application.
2. DEFINITIONS
For the purposes of this Constitution the following terms are defined as follows:
a) Lange Park is defined as the area shown in the attached map bounded by Montrose Crown Trace to the North, Southern Main Road to the South, Boundary Line to the East and Boundary Line to the West.
b) Resident shall mean any person who lives in or owns property in Lange Park including tenants and temporary residents.
c) Member (or Financial Member or Floor Member) shall mean a Resident who has been accepted by the Association and whose membership dues are paid to date. (See details in paragraph 7.1).
d) Honorary Member shall mean any person who, for whatever reason, is seen fit to be so nominated. (See conditions in paragraph 7.2)
e) Sub-Committee Member shall mean any Member who has been appointed to serve on a Sub-Committee of the Association. (See Sub-Committees in Section 20).
f) The Executive Committee shall comprise the Officers and up to twelve (12) Executive Committee Members. The Auditor shall not be part of the Executive Committee. (See functions in Section 10, 11, 17 and 24).
g) Executive Committee Member shall mean any Member serving on the Executive Committee excluding the Officers.
h) Officer shall mean any of the following: President, 1st. Vice President, 2nd. Vice President, Secretary, Treasurer, Assistant Secretary and Assistant Treasurer and the Immediate Past President (IPP). If the President serves a consecutive Term there shall be no IPP. (See functions in Section 7.3 and 21).
3. NAME OF ORGANISATION
a) The name of the organization shall be Lange Park Residents Association and shall hereinafter be referred to as LAPRA or the Association.
4. PLACE OF BUSINESS
a) The principal place of business of the Association shall be Lange Park, Chaguanas, Trinidad.
b) The official mailing address of the Association shall be the residential address of the Secretary.
5. MISSION
LAPRA shall be a non-governmental, non profit organization with the mission to make Lange Park the best residential community in Trinidad and Tobago by promoting the following:
a) peace, harmony and tolerance among residents;
b) enjoyment of life and property;
c) cleanliness, preservation and physical enhancement of Lange Park;
d) improvement of the economic, social and education welfare of Members and Residents;
e) loyalty to the Lange Park community.
f) Lange Park as a model residential area to the wider national community.
6. ACTIVITIES OF THE ASSOCIATION
6.1 The Association shall be free to engage in activities that serves to achieve the Mission, including, but not limited to the following;
a) organize and promote the social, cultural, educational and economic welfare of Residents;
b) make representations to Government and other agencies when necessary;
c) acquire necessary statutory or other powers, rights, permits or concessions in the name of the Association;
d) conduct fund-raising activities for the sole purpose of fulfilling the Mission.
6.2 Financial Limits
a) Money shall be held in bank accounts for the benefit and in the name of the Association. The authorized signatories to such bank accounts shall be the Treasurer together with any one among the President, Vice Presidents and Secretary. Such bank accounts shall be held solely in trust and for the benefit of the Association.
b) The Association shall have no power to borrow money.
c) Upon disbandment or dissolution of the Association for whatever reason, all assets held in the name or for the benefit of the Association shall be realized and the proceeds shall be donated to one or more registered charities in Trinidad and Tobago.
7. MEMBERSHIP
7.1 Members:
a) Membership is granted to the first Members up to and including the first Annual General Meeting in January 1997 (refers to first paragraph of Section 26)
b) Eligibility to Membership shall be open to all Residents of Lange Park. Admission to Membership shall occur at any Statutory Meeting if both conditions below are satisfied:
i) The person seeking membership shall be nominated by a Member, seconded by another Member and supported by a simple majority of the Members present.
ii) The person seeking Membership shall pay the Membership dues.
c) The payment of the Membership fee applicable in each Term is a requirement for the retention of Membership during that Term.
d) Membership may be revoked pursuant to Section 24 of this Constitution.
7.2 Membership dues (or fees)
a) The amount of the Membership dues (or fee) applicable up to and including the date of the first Annual General Meeting to be held in January 1997 (refer paragraph 26.d) shall be five (5) dollars for an individual and ten (10) dollars for a household.
b) The amount of the Membership dues (or fee) applicable immediately after the first Annual General Meeting, referred to in 26.d above, shall be twenty (20) dollars for an individual and forty (40) dollars for a household for each Term unless otherwise changed by a simple majority vote at any Annual General Meeting (including the first AGM in January 1997) or an EGM Especially convened to determine or amend same.
7.3 Honorary Membership
a) Honorary Membership is open to Residents and non-Residents.
b) Honorary Members shall be exempt form the payment of Membership dues.
c) In order to be accepted as an Honorary Member, the applicant shall be nominated by a Member, seconded by another Member, and approved by at least two-thirds of the Members present at any Statutory Meeting.
7.4 Officers
a) The Officers of the Association shall be the President, Vice President, Secretary, Treasurer (and Assistant Secretary and Assistant Treasurer, if elected) and the Immediate Past President.
b) The President, Secretary and Treasurer shall have ex-officio membership status in all Sub-committees.
c) Officers may be removed form office pursuant to Section 22.
8. MEMBER’S PLEDGE
a) Each Member agrees to accept this Constitution simultaneous with acceptance of Membership in the Lange Park Residents Association.
b) Each Member further agrees to conduct all transactions with other Members and the public, on behalf of the Association, in good faith and in an ethical and lawful manner at all times.
c) In situations of conflict each Member agrees to act in the best interest of the Association without prejudice to his/her rights under the Constitution of Trinidad and Tobago.
9. AUDITOR
a) An Auditor shall be elected at the AGM and shall not be part of the Executive Committee.
b) The function of the Auditor shall be to ensure that the financial records and statements of the Association are accurate and conform to generally accepted accounting principles.
c) The Term of the Auditor shall be as defined in Section 12.a.
10. EXECUTIVE COMMITTEE
a) The Executive Committee shall comprise the Officers and up to twelve (12) Executive Committee Members. The Auditor shall not be part of the Executive Committee
b) The Executive Committee with the exception of the IPP shall be elected at the Annual General Meeting except for the first Executive Committee which shall be named in accordance with Section 26.
c) Executive Committee Members may be removed from office pursuant to Section 22.
11. MANAGEMENT
a) The Executive Committee shall manage the affairs of the Association. It shall have the power to conduct meetings, appoint Sub-committees and administer discipline pursuant to Sections 17, 20 and 24 respectively.
b) Request for funds and expenditure shall be conducted according to paragraphs 21.3j and k.
c) No person of Sub-Committee or Executive Committee shall have the authority to borrow money in the name of the Association.
12 TERM
a) The duration of a Term of office for the Executive Committee and Auditor shall be the twelve (12) consecutive calendar months immediately following the AGM at which they were elected, or until the next AGM whichever is earlier.
b) No officer shall serve in the same capacity on the Executive Committee for more than three consecutive Terms.
13. CODE OF CONDUCT
a) Behaviour at all times shall be ethical and lawful.
b) Procedure at meetings shall conform with generally accepted meeting practice except where otherwise specifically prescribed.
14. GOVERNING LAW
a) All transactions of the Association shall be in accordance with the Laws of the Republic of Trinidad and Tobago.
15. MEETINGS
a) There shall be five (5) types of meetings as follows:
Statutory (or Ordinary) Meetings, Sub-Committee Meetings, Executive Committee Meetings, Annual General Meetings and Extraordinary General Meetings.
16. STATUTORY (OR ORDINARY) MEETINGS
16.1 The Executive Committee shall hold Statutory Meetings at regular intervals for the members of the Association.
16.2 Unless changed at a previous (Statutory) Meeting, Statutory Meetings shall be held on the first Monday of every month at a time and place specified by the Secretary. Whenever the first Monday of any month falls on a public holiday the Statutory Meeting shall automatically be held on the next working day at the same time and venue.
16.3 An agenda shall be prepared by the Secretary. At Statutory Meetings the President may allow discussion on any matter outside the agenda if he deems the matter sufficiently urgent or important.
16.4 A quorum exists if any one of the following attendance criterion is met:
a) two or more Officers, together with two or more Executive Committee Members and five or more Members;
b) one Officer together with four or more Executive Committee members and four or more Members.
c) two or more Executive Committee Members and eight or more Members;
d) twenty or more Members.
16.5 Whenever a meeting is convened in the absence of the President and Vice Presidents, and/or the Secretary, the members present shall appoint an Acting President and/or Recording Secretary as applicable for that meeting only. Decisions taken at such meeting shall be valid only if proper and complete minutes of the meeting including the names of the attendees are presented to the Secretary within the fourteen (14) days immediately following the date of the meeting.
17. EXECUTIVE COMMITTEE MEETINGS
a) Executive Committee Meetings shall be held as and when decided by the Executive Committee, and at a time and venue specified by the Secretary.
b) A quorum shall consist of six (6) Executive Committee Members which shall include at least three (3) Officers.
c) The Executive Committee shall have the right to co-opt or invite any person to any Executive Committee Meeting. However, only Executive Committee Members shall be allowed to vote.
d) An agenda shall be prepared by the Secretary. At Executive Committee Meetings the President may allow discussion on any matter outside the agenda if he deems the matter sufficiently urgent or important.
18. ANNUAL GENERAL MEETINGS (AGM)
a) Annual General Meeting shall be convened within the three (3) consecutive months immediately following the end of the Term.
b) The Secretary shall issue a notice to Members and Residents advising of the AGM. The notice shall be issued at least ten (10) days in advance of the proposed date of the AGM and shall contain the date, time, venue and agenda for the proposed AGM.
c) At the AGM separate written reports of the affairs of the Association shall be presented by the Secretary and Treasurer respectively. The Treasurer’s financial statements shall be audited,
d) Members present shall be eligible for office. Members unavoidably absent shall be eligible for office by providing a signed written consent.
e) Only Members physically present shall be allowed to vote. Voting by proxy shall not be allowed.
19. EXTRAORDINARY GENERAL MEETINGS (EGM)
19.1 An Extraordinary General Meeting shall be convened within two months of any of the following occurrences:
a) a motion at an Executive Committee Meeting supported by at least two-thirds of the Executive Committee Members present or ten (10) Executive Committee Members whichever is greater. The names and signatures of the persons who proposed, seconded and voted in favour of the motion shall form part of the motion and shall be provided to the Secretary by the proposer of the motion; or
b) a motion at a Statutory Meeting supported by at least two-thirds of the Members present or twenty four (24) Members whichever is greater. The names and signatures of the persons who proposed, seconded and voted in favour of the motion and shall be provided to the Secretary by the proposer of the motion.
19.2 The Secretary shall issue a notice to Members and Residents advising of the EGM. The notice shall be issued at least one month in advance of the proposed date of the EGM. The notice shall include an agenda which shall state the date, time, venue and motion for the EGM.
19.3 Quorum
a) The quorum for an EGM shall consist of at least one Officer, at least one Executive Committee Member, and at least twenty-four (24) Members.
b) Notwithstanding paragraph (a) above, a Quorum shall not exist unless at least two-thirds of the Members, who voted in favour of the motion that resulted in the holding of the specific EGM, are present.
c) Only Members physically present shall be allowed to vote. Voting by proxy shall not be allowed.
19.4 Procedure
a) In the absence of the President and Vice Presidents, some other Officer shall be elected by the Members present to be the Acting President who shall conduct the meeting.
b) In the absence of all the Officers, an Executive Committee Member may be elected by the Members present to be the Acting President who shall conduct the meeting.
c) If all Executive Members are absent, the Members shall elect an Acting President who shall conduct the Meeting.
d) An Acting President shall act for that meeting only.
e) In the absence of the Secretary, the President or Acting President shall appoint a Recording Secretary for that meeting only.
19.5 Minutes
a) Minutes of the meeting shall be taken and presented to the Secretary with the fifteen days immediately following the date on which the EGM was held. Minutes shall include the names of all persons who attended the meeting and all the pertinent decisions taken. Improper or incomplete minutes or the absence of minutes altogether shall invalidate the meeting and decisions taken.
20. SUB-COMMITTEES
a) Sub-Committees shall be appointed by the Executive Committee as deemed expedient to the achievement of the goals and objectives of the Association.
b) Each Sub-Committee, which shall be constituted for a specific objective and a specific duration, shall be provided with clearly defined Terms of Reference which shall include a definition of the end product, time frame and cost constraints within which the Sub-Committee shall function. Terms of reference shall be recorded in the minutes of the meeting.
c) The leader of each Sub-Committee, who may be either elected or appointed by the Executive Committee, shall be accountable to the Executive Committee.
d) A Sub-Committee shall have the right to co-opt or invite any Resident or non-Resident to any Sub-Committee Meeting. However, only Sub-Committee Members shall be allowed to vote.
e) All Sub-Committees shall automatically be terminated at the Annual General Meeting or other time simultaneous with the termination of the Executive Committee that constituted such Sub-Committees.
f) In order to expedite the work of the Association and for training purposes the Secretary and the Treasurer shall each have the option to appoint a person to be a secretarial and/or financial Committee member respectively. Such person(s) shall not form part of the Executive Committee but shall have their responsibilities designated by the Secretary and /or the Treasurer in writing and recorded in the minutes.
g) Each Sub-Committee shall present to the Secretary complete details of all proposed fund-raising activities including any other activities which may accrue monies to the Sub-Committee on behalf of the Association. Information shall include such details as the number of tickets printed and the price of each ticket; or the number of raffle sheets printed, the number of chances per sheet and the price per chance etc., as appropriate.
h) The leader of each Sub-Committee shall arrange and conduct meetings and other activities as deemed necessary to achieve the objectives of that Sub-Committee.
i) No person or Sub-Committee shall have the authority to borrow money in the name of the Association.
j) Pursuant to paragraph 7.3b, The President, Secretary and Treasurer shall ex-officio Membership status in all Sub-Committees.
21. FUNCTIONS OF OFFICERS
21.1 President (and Vice Presidents)
The principal duties of the above shall be to:
a) Lead the Executive Committee to plan the direction, short and long term objectives of the Association.
b) Organise the Association to conduct it affairs in a manner that encourages participation and equity among all Members and ensures that all actions always serve to fulfill the mission, goals and objectives of the Association.
c) Set up Sub-Committees and other mechanisms as required to enhance the achievement of the goals and objectives of the Association.
d) Represent the Association in its relations with individuals, organizations, institutions or other such groups as required.
21.2 Secretary (and Assistant Secretary)
The principal duties of the above shall be to:
a) Record in the form of minutes all significant discussions, significant decisions taken and report submitted at Statutory and Executive Meetings, and any other pertinent activities of the Association.
b) Present the minutes of the previous meeting at the next meeting for verification and discussion by the Members. All correspondence, incoming and outgoing, shall be presented at the next meeting.
c) Issue notices and provide agendas for all meetings. Each agenda shall contain the date, time, venue and subject matters for the upcoming meeting.
d) Enter into correspondence with individuals and organizations as directed by the Executive Committee.
e) Maintain an up to date record of the names and addresses of all Members and Honorary Members of the Association.
f) Maintain a record of all Sub-Committees, their Members, Terms of Reference and due date of the delivery of the end product.
g) Represent the Association in its relationship with individuals and other organizations as required.
21.3 Treasurer (and Assistant Treasurer)
The principal duties of the above shall be to:
a) Maintain records of all financial transactions of the Association. Such transactions shall include contributions, donations, bank deposits, withdrawals, balances, advances, loans, proceeds form activities, expenditures, and any monetary or financial activity transacted by the Association.
b) Keep all funds in a bank account approved by the Executive Committee.
c) At Statutory meetings, provide updates of the financial standing of the Association, such as financial report of events, bank balances, receivables, funds disbursed and requests for funds.
d) Provide financial advice and guidance to all Sub-Committees including the Executive Committee in order to utilise the funds of the Association in the most prudent and cost effective manner to achieve the goals and objectives of the Association.
e) Maintain records of the financial transactions of the Association in accordance with generally accepted accounting principles.
f) Maintain an inventory of the assets of the Association. Such assets shall include all equipment, tools, machinery and any other material which has been purchased or acquired in any way and which is the property of the Association.
g) Present the required financial records and statements to the Auditor within ten (10) days immediately following the end of each Term.
h) Present a report of the financial activities of the Association at the Annual General Meeting including an Income and Expenditure Statement and Balance Sheet.
i) All request for funds or commitment of funds or expenditure of funds of the association shall first by approved by the executive committee except in an emergency.
j) Any emergency request for funds shall be approved by at least four (4) Officers, which shall include at least two of the following: President, Treasurer, Secretary.
22. REMOVAL FROM OFFICE
22.1 Officer and Executive Committee Members
a) Any Officer or Executive Committee may be removed form office at an Extraordinary General Meeting duly called for this purpose by following the procedure outlined in Section 19.
b) Any Officer or Executive Committee Member who fails to attend four (4) consecutive meetings (Executive Committee Meetings and Statutory Meetings) without prior communication to the Secretary may be removed from office by a simple majority vote by the rest of the Executive Committee Members. The Executive Committee shall have the power to fill any vacancy created under this paragraph 22.1b.
23. CONSTITUTIONAL AMENDMENTS
a) Amendment to this Constitution shall require at least a two-thirds majority supporting vote by Members at either an AGM or an EGM. Such EGM shall be specifically convened for this purpose.
24. DISCIPLINE
a) All persons categorized form paragraph 2.c up to and including paragraph 2.h shall be subject to disciplinary.
b) The Executive Committee shall be responsible for the maintenance of discipline within the Association. It shall have the authority to take such actions as it deems necessary to ensure that the mission, goals, objectives and image of the Association are not compromised or tarnished.
c) Any member of the Association may bring to the attention of the Executive Committee a perceived breach of discipline by another Member either at a Statutory Meeting or in writing to the Secretary.
d) If it is perceived that any Member (including Officers and Members belonging to the Executive Committee and Sub-Committees) committed a breach of discipline, such Member shall temporarily cease to be a Member of the Executive Committee or that Sub-Committee as applicable upon written notice by the Secretary pending an investigation by the Executive Committee.
e) The Secretary shall call a meeting of the Executive Committee to investigate any alleged breach of discipline by any Member with seven days of receipt of notice of such alleged breach of discipline.
f) The Executive Committee shall make reasonable attempts to gather the pertinent facts associated with the alleged breach of disciple but is not compelled to engage professional investigators or incur expenditure in so doing.
g) Any person alleged to have committed a breach of discipline shall be afforded the opportunity of a hearing by the Executive Committee prior to the determination of the matter.
h) The decision of the Executive Committee shall be final and shall be given in writing to the Secretary who shall communicate same to the Member concerned. The decision shall be recorded in the minutes of the Statutory Meeting immediately following.
i) The Executive Committee shall have the authority to fine, suspend or expel a Member for a breach of discipline.
25. TERMINATION
This Constitution shall cease to exist if any of the following occurs:
a) If a motion is supported by a four-fifths majority vote by the Members present at any AGM, or EG specifically convened for this purpose.
b) If the Association become bankrupt.
26. EFFECTIVE DATE
After publicizing in the daily press and within Lange Park the desire to create this Association and solicited comments; we the undersigned, being the first Members of the Association hereby make the following declaration:
a) This Constitution shall take effect form December 1, 1996
b) The first Executive Committee of this Association shall comprise the following persons
Premchand Beharry, Dr. Omar Ali, Franklyn Dubay, Dr. Rae Furlonge, Kelvin Mahabir, Fazia Mahabir, Robert Sheppard, Fatima Sheppard, Trevor Bridglalsingh, Lennox Awai, Raj Bhaggan-Wedgner, Margaret Chin Sang, Roland Hosein, Frank Hyland, Kawal Singh and Jomo Wahtuse.
c) The first Officer of this Association shall comprise the following persons:
President: Premchand Beharry
V. President: Dr. Omar Ali
V. President: Franklyn Dubay
Secretary: Dr. Rae Furlong
Treasurer: Kelvin Mahabir
Immediate Past President: Robert Sheppard
d) The First Annual General Meeting of the Association shall be held before January 31, 1997.
Signed:
Premchand Beharry: 617 Link Rd.
Dr. Omar Ali: 597 Ring Rd.
Franklyn Dubay: 483 Circular Dr.
Dr. Rae Furlonge: 539 Brook St.
Kelvin Mahabir: 989 Western Ave.
Robert Sheppard: 315 Paria Ave.
Fatima Sheppard: 315 Paria Ave.
Trevor Bridglalsingh: 436 Circular Dr.
Kesraj Seegobin: 378 Central Ave.
Lennox Awai: 316 Fir Tree Cres.
Raj Bhaggan-Wegner: 707 New Moon Cres.
Winston Chin Sang: 319 Paria Ave.
Maragaret Chin Sang: 319 Paria Ave.
Roland Hosein: 328 Fir Tree Cres.
Frank Hyland: 154 Casuarina Cres.
Kawal Singh: 711 New Moon Cres.
Jomo Wahtuse: 540 Brook St.
Laird Leacock: 914 Caledonia Rd.
Etienne Mendez: 562 Eastern Ave.
Michael Martinez: 615 Link Rd.
Kishore Kissoon: 309 La Clave St.