CONSTITUTION OF THE ‘CAMPOSOL RESIDENTS ASSOCIATION’
CHAPTER 1 – DESIGNATION, TERRITORIAL FIELD OF ACTIVITY, and PURPOSE
Section 1 – Designation
With “Camposol Resident’s Association” (CRA), an association is constituted according to Art. 22 of the Spanish Constitution 1978, and the Ley Orgánica 1/2002, of 22nd March, regulator of the Association Rights and complementing laws.
The regime of this association shall be determined by the regulations in this Constitution, it has no commercial purpose and has legal status and capacity.
Section 2 – Territorial Field of Activity
The territorial field of activity shall be the Autonomous Community of the Region of Murcia. The Association may be affiliated to other Associations or may be integrated with other Associations with a bigger territorial field of activity.
Section 3 – Purpose
The purpose of the Association is:
- To promote neighbours participation, in order to achieve protection and representation of the Urbanisation.
To work towards the improvement of quality and conditions of life for the residents of said Urbanization.
To promote an environment for the appreciation of cultural, historical, social, intellectual and educational values, and for urban, environmental and civic excellence and social development.
To facilitate cooperation between residents, working with government agencies, or any other institution to ensure that the needs and wishes of the residents are given full consideration.
To establish and maintain policies in order to improve social and economic development in the urbanisation.
To promote a sense of community pride through better community relations and family participation in community issues.
To promote the activities of residents and of recognised groups who operate in the Urbanisation of Camposol.
This is solely a Neighbours Association, independent of any other commercial, political, religious or financial association.
Section 4 – Activities
To the achievement of said purpose, the activities of a neighbours’ Association may be carried out, to include:
- Promote and foster activities which favour the social, cultural and economic development of the Urbanisation.
- Obtain help, subsidies and action from the various administrations in order to improve living conditions in the Urbanisation.
- Organise activities which promote neighbours interactions in the Urbanisation.
- Join other associations in order to improve our aims and objectives.
- Take parts to forums, commissions, working-groups or platforms who seek to improve our urbanisation, or the town of Mazarrón, or the neighbourhood movement.
- Work with other entities or institutions in the development of Camposol and Mazarrón.
- Any other activity related to the aims and objectives of this Association or its neighbourhood movement.
- Report to any appropriate Public and/or Private Organisation all shortcomings or problems that affect the every-day life of the community in the Urbanisation.
Section 5 – Social Address
The Social Postal Address is established as; Apartado de Correos, 1528, Camposol, Mazarron, 30875, Murcia, Spain
Any change of address can be approved by the Committee who will inform the membership at the next General Meeting.
CHAPTER 2 – MEMBERSHIP
Section 6 – Membership Requirement
Membership of this Organisation will be available to any person of sound mind, who owns a property in said Urbanisation, or has a long-term rental agreement (minimum 6 months), and who is in agreement with the Association purposes and rules.
The Committee may, at its discretion, grant Honorary Memberships to people who do not own a property in the Urbanisation but who deserve to be members.
Likewise, the Committee may grant the title of Honorary President to anyone whose contribution was relevant, during its term of office.
In the case of the Committee refusing membership to a person, notice shall be given in writing to the person in question, who will have 10 days to appeal, and if necessary take appropriate legal action.
Section 7 – Removal of a Membership
Membership can be terminated in the following circumstances:
By voluntary withdrawal, by informing the Committee in writing.
By non-payment of any membership fees agreed by the Association at a General Meeting.
By committing actions which the Committee considers to be against the interests of the Association. Following the agreement of the Committee, and the opening of a file by the Secretary, notification will be given to the person in question within 10 days, so that s/he may prepare its defence.
By non-compliance to Membership obligations.
By mis-representing the Association with different purposes from those specified.
Section 8 – Members’ Rights
Members shall have the following rights:
- To take part and vote at General meetings, either in presence or in writing.
To be notified of any agreement adopted by Committee.
Be entitled to vote and stand as a candidate to the Committee.
To receive information regarding the agreements and performances of the Association, including the statement of accounts, at General meetings, or in writing through the CRA website, the CRA Notice boards or the press.
To make any suggestion to improve the Association and its purpose.
To take part in any activity that the Association may organise.
To be heard before any disciplinary action is adopted against him/her, and be informed of the facts which led to it.
To oppose any agreement reached by the Committee that s/he considers illegal under Spanish Law and/or this Constitution.
Section 9 – Members Obligations
Members’ obligations are as follows:
- To respect the Constitution and accept and observe the agreements legally adopted by the Committee, as representatives of the Association.
To attend and take part in meetings and Association activities.
To fulfil the functions of any role for which one has been elected and has accepted.
To share the purpose of the Association and to work towards the achievement of its objectives, contributing to the good name of the Association and of the Urbanisation.
To pay the membership fees and any other contributions according to the Constitution requirements.
CHAPTER 3 – GOVERNING STRUCTURE, AND ADMINISTRATION
Section 10 – Assembly
The Assembly is the highest institution in the Association, and is constituted by all members.
Section 11 – Annual General Meeting
The Annual general meeting (AGM) will be proposed by the Chairman or by the Committee at least once a year, and it will be called by the secretary with at least 15 days of notice.
The Assembly will have the following powers:
- Approve the Committee administration.
- Agree the yearly membership fee
Examine and approve accounts.
Agree or refuse activities and organization plans.
Comment on the Committee proposals.
Elect Committee members, or revoke, as necessary.
Receive or accept, as appropriate, donations, inheritances or legacies
Section 12 – Extraordinary General Meeting
An Extraordinary General Meeting shall be held as many times as necessary, or when circumstances require it, by the Committee agreement, or by written request of at least 50 members; a representative of the group will compiled one document with the signature and NIE of the 50 members, together with the issue/s to be discussed.
This Extraordinary General Meeting will be called by the Secretary upon request from the Chairman, giving at least 15 days’ notice.
The Extraordinary General Meeting will be called in order to:
- Modify this Constitution
Dissolve the Association.
Dispose of the Association assets.
Authorize the Chairman of the Committee to take any type of legal action on behalf of the Association and/or of its members which s/he may consider appropriate in defence of the rights of the Association and its members.
Become a part of or constitute a Federation.
Points 1, 2, 3, and 4 above require the agreement of a majority of 2/3 of those present at the Extraordinary General Meeting.
Section 13 – Guide to GMs and AGMs Procedure
General Meetings will be called in writing by the Secretary, upon request from the Chairman, stating place, day and time of the meeting, as well as the Agenda items to be discussed, giving at least 15 days’ notice. The meeting will be legally recognised if there are half plus one members present, without a limit in numbers; if a quorum has not been achieved, a second meeting will be called after half an hour and it will take place with the members present.
The date of the Meetings will be published in the webpage of the Association, including the Agenda items to be discussed.
Decisions shall require simple majority votes except in points 1. 2. 3. and 4. of Section 12 – Extraordinary General Meetings.
Section 14 – Committee
Without prejudice to the powers of the General Meeting, the Association shall have a Committee to represent and manage the Association, which will consist of:
All Committee members must be members of the Association, with full use of their civil rights, and the position shall attract no remuneration excepting for reimbursement of legitimate expenses, and shall be elected at the General Meeting for a term of three years. All vacant posts can be provisionally covered by other Committee members and the Chairman can be substituted by the Vice Chairman.
Committee members can stand for re-election.
Section 15 – Guidelines for the Committee
The Committee shall meet at appropriate intervals determined by the Chairman, or by request of three Committee members. It will take place when half-plus-one of its members are present, or it can be re-scheduled after half an hour, with at least the Chairman, the Secretary, and two other Committee members.
Agreements will be reached by simple majority votes, and in case of a draw the Chairman will have the casting vote.
Meetings shall be held monthly or as deemed necessary by the Committee
Section 16 – Committee Duties
The duties of the Committee are:
- Encourage and promote social activities.
Manage economic and administrative procedures.
Carry out the decisions taken at General meetings.
Prepare and submit the annual accounts at General Meetings.
Deal with members’ applications.
Nominate people for special activities or commissions.
Any other task that is not fulfilled at General Meetings.
Section 17 – Chairman
The Chairman duties are:
- Officially and legally represent the Association.
Call, moderate and conclude Committee meetings.
To observe and execute the decisions taken at General and Committee meetings.
Authorise expenses and payments.
Ensure that the aims and objectives of the Association are observed.
Exercise the functions of a Chairman.
Preside the Annual General Meetings and the Extraordinary General Meetings
To take any urgent decision necessary for the benefit of the Association; or if deemed necessary during any of its activities, and report such decisions to the Committee as soon as possible.
Section 18 – Vice-Chairman
The Vice-Chairman will work alongside the Chairman for the coordination of work, and the representation of the Association, and shall substitute the Chairman in case of absence or illness, undertaking any function that the Chairman will delegate.
Section 19 – Secretary
The Secretary will take care of the Association’s administration. His/her duties are:
- Update the Association’s records, except accounts.
- Edit and enter in the Libro de Actas (Minutes’ book) the minutes of each Committee and General Meeting.
Issue certifications, duly signed by the Chairman.
Keep and update the membership register, recording enrolments and resignations.
Call the meetings requested by the Chairman, and inform the members.
Keep the Association’s records.
Any other function of a Secretary.
The Secretary can be substituted by the Vice-Secretary or a member of the Committee, in case of absence or illness.
Section 20 – Vice Secretary
The Vice-Secretary will work alongside the Secretary for the coordination of work, and shall substitute the Secretary in case of absence or illness, undertaking any function that the Secretary will delegate.
Section 21 – Treasurer
The Treasurer shall be responsible for all the financial issues of the Association. His/her duties are:
- Collect and keep Association funds. To this effect a bank account shall be opened, signatories being the Treasurer and two other members of the Committee. At least two signatures will be necessary for making any transaction.
Make payments and collections, with the Chairman’s approval.
Keep the accounts and budget control.
Prepare and submit the accounts at the General Meeting, following acknowledgement and approval of the Committee.
Keep the accounts, with incomes, expenditures and balance. Every three months he/she shall submit these accounts to the Committee.
Any other function of a Treasurer.
The Treasurer can be substituted by the Vice-Treasurer, or any other member of the Committee, in case of absence or illness.
Section 22 – Vice Treasurer
The Vice Treasurer will assist the Treasurer for the coordination of work and shall substitute the Treasurer in case of absence or illness, undertaking any functions that the Treasurer will delegate.
Section 23 – Committee Members
Committee members will cover the task of coordinating working groups. They will forward the resident’s queries to the Committee, making proposals and voting on final resolutions at Committee.
They will carry out the specific duties designated by the Chairman and/or the Committee.
CHAPTER 4 – ADMINISTRATION, FINANCIAL RESOURCES, FINANCIAL STRUCTURE
Section 24 – Constitution Funds
The initial funds of the Association at the time of writing the first Constitution were of 35 euros.
Section 25 – Economic Resources
Economic resources for the purpose of the Association are:
- Annual membership fees
- Subsidies, legacies or inheritance sums received
- Donations and contributions from people or companies
- Proceeds from legal origins such as website advertising, celebration of different activities such as Barbecues, Social events, Raffles etc.
Section 26 – Documents, Books and Records
The Association should keep the following documents, books and records..
- Membership Record Book, with relative fees paid.
Official Accounts Book showing a true image of the assets, of the results, and the financial situation of the Association. The accounts will be kept according to the natural fiscal year.
Minutes Book (Libro de Actas), which will reflect the meetings and the decisions of the Committee and the Meetings.
CHAPTER 5 – DISSOLUTION AND WINDING UP
Section 27 – Dissolution
Dissolution of the Association must be caused by one of the following:
- Agreement reached at Extraordinary General Meeting, called exclusively for that purpose, by a majority of 2/3 of those present.
Any legal cause as laid down in Spanish Law (Código Civil).
By court resolution.
Section 28 – Responsibility for the Dissolution
Upon agreement and registration of the Dissolution, the Committee members, who will act as Liquidators, will take charge of the Liquidation, ensuring the safety of the Funds, concluding pending operations necessary for the Liquidation, receiving the credits, liquidating the funds and paying the creditors.
If in credit, the remaining funds will be destined to non-profit making purposes.
In the case of insolvency of the Association, the representing Body will immediately undertake the appropriate steps for Legal procedure.
The cancellation of the seats in the Register of Associations will be made.
Upon dissolution all Association documents and records will be held by the Secretary for a period of 5 years
In any other issue, not covered by this Constitution, the existing legislation regarding Associations and other regulations will be implemented.
Camposol, Mazarrón, 22nd October 2015