Club Rules & By-Laws
KINABALU YACHT CLUB
1. NAME AND ADDRESS
a) Its registered address which will house the Club’s office and place of meeting shall be Kinabalu Yacht Club, 3A Jalan Aru, Tanjung Aru, 88100 Kota Kinabalu, Sabah, Malaysia or at such time as may from time to time be decided on the by the General Committee and its postal address shall be Post Office Box 10392, 88804, Kota Kinabalu, Sabah.
b) Its auxiliary address where the Club’s facilities will be housed shall be at TL. 1019, Jalan Mat Salleh, 89500 Kota Kinabalu, Sabah, Malaysia.
c) The registered and auxiliary address shall not be changed without the prior approval of the Registrar of Societies.
The burgee of the Club shall be a black silhouette of a flying fox on an orange background.
The objects of the Club shall be:-
a) To promote amateur yachting and yacht racing
b) To encourage any sport connected with motorboats, rowing boats, or any other maritime activity.
c) To provide and maintain Club premises, for the use of members of the Club.
d) To organise other recreational activities for members from time to time.
e) To buy, acquire, supply, sell and deal in all kinds of liquors, provisions, food and refreshments required or used by the members of the Club and other persons privileged to make use of the Club.
a) The Club shall consist of members of the classifications set forth in Rule 7 who may be of any race or nationality of either sex.
b) The affairs of the Club shall be conducted by the General Committee on behalf of the members.
His Excellency the Yang Di-Pertua Negeri Sabah shall be invited to become the Patron of the Club.
a) The Officers of the Club shall consists of:
A Vice Commodore
A Rear Commodore
An Honorary Secretary
An Honorary Treasurer
b) The Commodore shall be the senior officer of the Club.
c) The Commodore, Vice-Commodore and Rear Commodore shall be Flag Officers.
d) The Commodore, the Hon-Secretary and the Hon-Treasurer shall be Ex-Officio members of the Sub-Committees.
e) To co-opt the Immediate Past Commodores as a Member of the General Committee but shall have no power to vote in the General Committee meeting if such need arises.
(1) The classification of the Members of the Club shall be as follows:
a) Honorary Life Members, being members who have rendered exceptional service to the Club and who are elected as Honorary Life Members as hereinafter provided. They shall pay no subscription and shall be entitled to all the privileges of Ordinary Members but shall not be liable for any debts of the Club. Not more than one Honorary Life Member shall be elected in any one year.
b) Honorary Members, being officers of any Commonwealth armed forces on duty in Sabah and of foreign navies, officers of the Malaysian and British Merchant Navies and members of recognised Yacht Clubs, who are invited by the General Committee to become Honorary Members of such periods of time as the General Committee shall determine. They shall pay no subscription and shall be entitled to all the privileges of Ordinary Members except those of voting at General Meetings and not of nominating members, but such period shall not exceed one calendar month.
c) Ordinary Members, who shall consist of:
(i) Resident Members, being those Ordinary Members who reside in Sabah and Federal Territory Labuan.
(ii) Outstation Members, being the remaining Ordinary Members.
(d) Associate Member, being spouse of Ordinary Members, and who are not themselves Ordinary Members and who shall be entitled to all the privileges of Ordinary Members except those of voting at General Meetings and of nominating other members.
(e) (i) Junior Members, who shall be between the ages of 14 and 20 years inclusive, whose parents are Ordinary Members of the Club, and who shall be entitled to all the privileges of Ordinary Membership except those of voting at General Meetings and of nominating members, but who shall not be liable for any debts of the Club.
(ii) All Club accounts of such Junior Members shall be debited to their parent’s accounts.
f) Temporary Members, who shall be persons who are not ordinarily resident within a radius of 20 miles of Kota Kinabalu or in Tuaran.
(i) No persons shall be Temporary Member for any period or periods exceeding in the aggregate three months in any twelve consecutive months.
(ii) A Temporary Member shall not have the power of voting at a General Meeting or of nominating other members.
(iii) The Proposer and the Seconder of a Temporary Member shall be held responsible for the account of such Temporary Member and the observance by him of the Rules and By-Laws of the Club.
(iv) The term “Temporary Member” applies to individuals only. Spouses of Temporary Members shall not be eligible to use the Club unless they also join as Temporary Members. Children of Temporary Members who wish to use the Club, shall, if between the ages of 14 and 20 inclusive, become Temporary Junior Members, paying the usual Junior Membership fee and obeying the Rules for Junior Membership.
g) Temporary Executive Members who are visiting Sabah on contract, are employed, or are doing business in Sabah and Federal Territory Labuan.
(i) This category of membership shall be renewable yearly for a maximum period of two (2) years only.
(ii) That the entrance fee of RM2,000.00 per annum plus the Security Deposit shall be payable.
(iii) That the usual subscription fees applicable to Ordinary Members shall apply.
(iv) That a Temporary Executive Member shall not have the power of voting at a General Meeting or any meeting of the Club or of nominating other members.
(v) The proposer and the seconder of a Temporary Executive Member shall be held responsible for the account of such Temporary Executive Member and the observance by him of the Rules and By-Laws of the Club.
(vi) The term “Temporary Executive Member” applies to individuals and their spouses only. Children of Temporary Executive Member who wish to use the Club, shall if between the ages of 14 and 20 inclusive, become Temporary Junior Members, paying the usual Junior Membership fee and obeying the Rules for Junior Membership.
(vii) That this category of membership is not transferable.
h) Membership For Members’ Children
(i) Members whose children have attained the age of 18 years can apply for Ordinary Membership to the Club subject to the usual membership rules applicable to Ordinary Members and to the following terms.
(ii) Members whose children can so qualify must have been members of the Club for at least three (3) years before their children can apply.
(iii) Only children still under age of twenty-five (25) can apply.
(iv) The membership entrance fee for this membership category shall be RM1,000.00 plus the Security Deposit.
(v) That this category of membership shall not be transferable for a period of ten (10) years from the date of membership.
i) Recreation Members shall be persons approved by the General Committee and who belong to an association, body corporate or other organization, whose members wish to become Recreation Members of the Club.
Application of this category shall be made by the association, body corporate or other organization using the prescribed form available and submitted to the Honorary Secretary of the Kinabalu Yacht Club enclosing the prescribed fees which shall be as follows:-
Per Person Per year RM60.00 (non refundable) paid in advance.
Security Deposit Nil
PROVIDED THAT Recreation Members:-
(i) shall only be allowed to use all facilities at those premises as stipulated by the General Committee.
(ii) shall have no voting rights at a General meeting or any other meeting of the Club or of nominating other members and are not eligible to sit in any Committee and/or Sub-Committees.
(iii) shall not be entitled to enter and use any of the facilities of the Club House situated at Tanjung Aru, Kota Kinabalu.
(iv) shall not be entitled to any reciprocal benefits with other clubs.
(v) shall abide by all Rules and By-Laws of the Club, which shall apply ‘mutates mutandis’ to the recreation member, including the right by the General Committee to suspend or expel the member.
This category is not transferable
(2) Election of Members
(a) Honorary Life Members shall only be elected by the vote of majority of members at a General Meeting at which such election has been proposed by a Flag Officer and supported by two other members having the right to vote at such meeting.
(b) Honorary Members and Associate Members shall not require nomination or election.
(c) Ordinary Members may, if proposed and seconded by an Honorary Life Member or an Ordinary Member, be elected by a majority of the members of the General Committee present at any meeting thereof.
Provided that no person shall be elected as a Resident Member unless at the date of such Meeting:
(i) he is the owner or joint owner of a boat which the General Committee is prepared to accept for registration to a boat at any one time:
(ii) the number of Resident Members who are registered as the owners of boats exceeds the number of such Members who are not so registered.
(iii) The applicant must be proposed and seconded by an Honorary Life Member or an Ordinary Member, both of whom shall have themselves been such members for a period of at least three (3) years immediately prior to the application and both of whom shall be personally acquainted with the applicant and responsible for his / her eligibility and the observance of the Rules and By-Laws of the Club
(d) Junior Members may, if proposed by a parent and seconded by an Honorary Life Member or Ordinary Member, be elected by a majority or the members of the General Committee present at any Meeting thereof.
(e) A Temporary Member shall not require election but shall become such on the date upon which his application form duly proposed and seconded by an Honorary Life Member or an Ordinary Member, is received by the Hon. Secretary.
(f) A Temporary Executive Member shall require election. Such election shall be by a majority of the members of the General Committee present at any meeting thereof.
(g) Members’ children under the age of twenty-five (25) years who apply for full Ordinary Membership under Clause 7 (1) (h) of the Club Rules shall require election. Such election shall be by a majority of the General Committee present at any meeting thereof.
(3) The children, under the age of 14, of members shall subject to any By-Laws or direction of the General Committee to have the use of the facilities of the Club.
(4) Upon payment of a fee of RM50.00 an Ordinary member may be placed on the Absent List for Life, but such a member shall not be counted for the purpose of paragraph (2) (c) of this rule.
(5) Membership is transferable subject to the approval of the General Committee and the payment of the transfer fee of RM2,000.00. That in the case of a deceased spouse the other spouse surviving, or in the absence of a spouse, the child of the deceased member, he or she will be potential heir to the membership and no transfer fee shall be imposed for this. But in the case of a transfer to another person or the other immediate family members, the transfer fee will be imposed.
8. RECIPROCAL MEMBERSHIP AND GUESTS
(i) The General Committee may enter into such reciprocal arrangement with other Clubs as it may think fit, and members of such other Clubs shall be entitled to make such use of the Club’s facilities as may be specified in the arrangements concerned.
(ii) The General Committee may invite any other Club to participate in any particular boating or social event and in such case the members of such other Club shall be entitled to make full use of the facilities of the Club during such event.
(iii) Any person may be introduced as guest to the Club by any Member, other than a Temporary Member, on condition that his name is entered by the member in the Visitors Book provided for the purpose.
Provided that a person who has been resident in Kota Kinabalu for more than 3 months may not be introduced as a guest more than once in any calendar month.
9. ENTRY BY PERSONS OTHER THAN MEMBERS OR GUESTS
A member may introduce to the Club premises, excluding the Club House:
(a) Domestic servants in charge of the Members’ children, providing the Member is at the Club or at sea.
(b) Persons accompanying the Member to sea in a boat, providing that such persons use the Club premises only for the purpose of embarkation and disembarkation,
(c) Persons employed to work on or transport the member’s boat.
The Member concerned shall be responsible for the behaviour of persons introduced under this rule, and shall be liable for claims by or against such persons arising out of their use of the Club premises.
10. ELECTION OF OFFICERS
The Officers of the Club shall be elected at the Annual General Meeting by a majority of votes of members present at the meeting.
11. GENERAL COMMITTEE
(i) The General Committee of the Club shall consists of the Officers of the Club and five other members being the Berthing Master, Bosun, House (Social) Member, Bar Member and Quartermaster (maintenance of property)
(ii) Four Members, of whom at least one shall be a Flag Officer shall form a quorum at a meeting of the General Committee.
12. ELECTION OF GENERAL COMMITTEE
The election of members to serve on the General Committee shall take place at the same time and in the same manner as that of the Officers of the Club.
13. VACANCY IN GENERAL COMMITTEE
(a) In the event of a vacancy occurring on the General Committee, the Committee shall have the power to co-opt a member of the Club to fill the vacancy.
(b) If more than two officers or more than four members (including officers) of the General Committee are replaced by co-opted Members during the life of the General Committee but prior to 30th September, the Committee shall call an Extra-Ordinary General Meeting for the purpose of electing members to fill all co-opted and vacant posts on the General Committee.
The posts of Elected Members and Officers remaining on the General Committee shall remain unchanged.
14. THE HONORARY SECRETARY
The Honorary Secretary shall keep the Minutes of General Committee Meetings and General Meetings, record all proceedings of the Club, attend to correspondence, and to submit ANNUAL RETURNS, Application for change of name, change of place of business and amendment to the constitution within 28 days after Annual General Meeting to the Registrar of Societies in accordance with Section 14 (I) and (II) of the Societies Act, 1966.
15. THE HONORARY TREASURER
The Honorary Treasurer shall be responsible for all the financial affairs of the Club and shall keep books correctly recording the same. He shall prepare periodical accounts.
16. DUTIES OF THE GENERAL COMMITTEE
(a) Subject to these Rules, the General Committee shall have entire control over the property of the Club, which is hereby vested in them as trustees on behalf of the members.
(b) If any member shall infringe any of the Rules or By-Laws of the Club, or be guilty of conduct unbecoming to a member, the General Committee shall have power to expel the offending member providing there is not more than one dissenting vote at a full meeting of the Committee.
(c) The General Committee shall have the power to appoint Sub-Committees, which shall include a Sailing Committee, a Power Boat Committee and a House Committee. In the event of Sub-Committee failing to meet during any period exceeding two months, the Commodore may convene a meeting if he considers it to be in the interest of the Club.
(d) The General Committee shall have power to pass, repeal, or amend the By-Laws of the Club by a majority of two-thirds but shall inform all members in writing of any such change.
(e) At the meeting of the General Committee the Chairman shall have a casting vote.
17. FINANCIAL YEAR
The financial year of the Club shall end on the 31st December in each year.
18. ANNUAL GENERAL MEETING
(i) That the Annual General Meeting to be held not more than 4 months after the closing of the Annual Accounts.
(ii) The Hon. Secretary shall give at least three weeks’ notice of the Annual General Meeting by post to members entitled to vote at such Meeting.
(iii) The business at an Annual General Meeting shall be:-
(a) To pass the Minutes of the previous Annual General Meeting and any subsequent Extra-Ordinary General Meeting.
(b) To consider any matters arising out of such minutes.
(c) To hear the Commodore’s report.
(d) To consider, accept and approve the audited accounts of the previous financial year.
(e) To elect the Officers of the Club, and the other members of the General Committee for the ensuing year. Any two Honorary Life Members or Ordinary Members who are Resident Members may nominate other Honorary Life Members or Ordinary Members who are Resident Members of the Club (having first obtained their written consent) to serve on the General Committee. All nominations shall be made to the Honorary Secretary at least 48 hours before the Annual General Meeting.
Voting shall be conducted such that a nominee who fails to be elected as an officer of the Club may stand for a General Committee post if he has been so nominated.
Provided that if no nomination for a post on the General Committee has been received 48 hours before the meeting, nominations may be made at the meeting.
(f) To elect the Auditor of the Club for the ensuing year. Provided that if, at the date of the Meeting, no Auditor has signified his willingness to act, the Meeting may authorise the General Committee to appoint such an Auditor at a later date.
(g) To vote on any motion of which notice has been given to the Honorary Secretary not less than 14 days before the date of the Meeting and which has been circularised by him to all the members entitled to vote at the Meeting not less than 7 days before such date.
(h) To discuss any other business: -
Provided that no motion shall be made or vote taken under this item.
19. EXTRA-ORDINARY GENERAL MEETINGS
(a) The General Committee may at any time convene an Extraordinary General Meeting for a specific purpose.
(b) The General Committee shall call an Extraordinary General Meeting at the request in writing of seven members to the Commodore giving a specific purpose, and not later than twenty days after the receipt of such request.
(c) The Honorary Secretary shall give 10 days’ notice of any Extraordinary General Meeting by posting the Agenda on the Club notice board and by announcement in the local newspaper.
20. PROCEDURE AT ANNUAL GENERAL MEETINGS
At the Annual General Meeting and at any Extra-ordinary General Meeting, the voting procedure shall be as follows: -
(a) The chair shall be taken by the senior Flag Officer present, by such member as the members present may choose.
(b) The quorum shall be ten members present and entitled to vote:-
Provided that no business, other than an adjournment of the Meeting shall be transacted unless there are more non-members of the General Committee present than members of such Committee.
(c) Honorary Life Members and Ordinary Members shall each be entitled to one vote.
(d) A maximum of four votes may be exercised in the name of each boat which at the date of the meeting is registered with the Berthing Master. Each joint owner is entitled to only two votes in the name of that boat.
(e) No member may exercise more than three votes other than valid proxy votes.
(f) Proxy votes shall only be allowed on any motion to add to, alter or repeal the Rules of the Club, or to wind up the affairs of the Club, or to authorise the borrowing of money on behalf of the Club.
Provided that no such proxy vote shall be accepted from a member unless such member is not in Sabah or Federal Territory Labuan, or admitted sick in hospital, at the date of the meeting.
(g) Outstation Members shall not be eligible to vote at any Annual General Meeting and Extra-Ordinary General Meeting.
No members or guests shall bring any dog into the Club House at any time and not on the Club premises unless under proper control.
22. BORROWING POWERS
(i) Save as hereinafter provided, the General Committee shall not have power to borrow money on behalf of the Club, whether by way of overdraft or otherwise, unless duly authorised thereto by a resolution passed at a General Meeting. Provided that the General Committee may procure overdraft facilities, not exceed RM1,000.00 at any time, for the purpose of the day to day running of the Club and the General Committee shall not execute works of a capital nature whilst any money is owing on such overdraft.
(ii) Whenever any money is borrowed under the authority of a resolution of a General Meeting, all members, other than those expressly exempt from liability under these rules whether voting on such resolution or not, shall be deemed to have assented to the same as if they had voted in favour thereof.
23. RESIGNATION OF MEMBERS
A member may resign from the Club by giving notice in writing to the Honorary Secretary. Any member resigning without having paid his subscription for the current month shall be liable for the same.
Any Ordinary Member whose Banker’s Order is cancelled shall be deemed to have resigned unless notification has been received by the General Committee in writing that he is transferring to the Outstation or Absent for Life Lists, the General Committee to advise the member concerned by registered post at his last known address.
Membership Entrance Fee Subscription
Resident RM15,000 RM40 per month
Outstation RM15,000 RM100 per annum
Honorary Life NIL NIL
Associate Member NIL NIL
Temporary NIL RM100 per week
Junior NIL RM2 per month
Ordinary member NIL Single paymert of
on Absent for List RM50
Security Deposit NIL RM500
(b) (i) Each application for membership shall pay, on application, the Entrance Fee and Security Deposit.
(ii) Subscription, if paid by Bankers’ Order, are payable monthly in advance.
(iii) Subscription may be paid by cheque or cash, in which case they shall be paid monthly in advance any over subscription being refunded on resignation from the Club or on transfer to the Absent Member for Life List after full statement of all outstanding debts owed to the Club.
(iv) All other accounts shall be paid in full not later than the last day of the month following that in which indebtedness is incurred.
(c) The security deposit, where applicable, is refundable on resignation from the Club or on transfer to the Absent Member for Life List after full settlement of all outstanding debts owed to the Club.
25. GENERAL RULES
(a) The sailing rules enforced shall be those of the International Sailing Federation and the rules and provisions prescribed by the Malaysian Yachting Association except where varied by local racing rules.
(b) Every member shall notify the Honorary Secretary and the Berthing Master of the particulars of any boat, which is parked or to be parked in the Club grounds, which he or she may purchase, hire or sell together with such other information the Honorary Secretary or the Berthing Master may require.
(c) If in the sole opinion of the Berthing Master any boat and/or equipment, including the trailer or trolley, berthed at the Club is not maintained in a seaworthy or operating condition, or has been abandoned or has not been sailed in the proceeding 60 days, a notice in writing shall be served on the registered owner(s) of such boat by registered mail, requiring them/him/her within 15 days of the date of despatch of the notice, to do all acts or things as shall be stipulated by the berthing Master in the said notice.
If any boat owner(s) fails to comply with the requirements of the Berthing Master’s notice above within the 15 days stipulated, a final notification shall be sent by registered mail notifying the member(s) that upon the expiry of such final notice, the General Committee shall exercise its powers as provided in the constitution.
If the situation remains unchanged 15 days after the date of despatch of the final notice, the boat shall be declared a “Dead Boat” and the General Committee shall be at liberty to enforce any one or more of the following: -
(i) remove such boat to (any one of) the registered owner(s)’s residence at the owner(s)’s expense, or
(ii) dispose the boat by tender, auction or by whatever means and the proceeds, after defraying the costs of disposal, shall be credited to the owner(s)’s account, or
(iii)destroy such boat at the owner(s)’s expense, or
(iv) take any other action the General Committee deems fit,
The General Committee may enforce this provision jointly and severally against the registered co-owners of the boat concerned and shall not be held liable therefore.
(d) Any person ceasing to be a member of the Club shall, within 15 days of the cessation of membership, forthwith remove the boat-and all equipment/trolley from the Club premises irrespective of whether co-owner(s) of the boat concerned are still members. Upon the expiry of the 15 days above, the General Committee shall be entitled to enforce any of the powers contained in clause 25 (c) as if such boat were a “dead boat”.
(e) All boats or other equipment berthed or kept at the Club and its use by the members concerned or their guests, invitees or by other members are at the owner(s)’s own risk.
26. MEMBERS’ ACCOUNTS
If any member fail to pay any account within 2 months after dispatch, the Honorary Treasurer drawing his attention to this Rule shall send a registered letter to him. If, 15 days after the registered letter has been sent, the member still has not paid the account, his name and the amount of his debt to the Club may, at the discretion of the Committee, be posted on the Club’s notice board by the Honorary Treasurer, and if the member’s account remains unpaid 15 days after the posting, he shall cease to be a member unless he gives the Committee a satisfactory explanation of the delay in payment, and the name of the member shall be posted to reciprocal Clubs as a defaulter.
27. AMENDMENTS TO THE RULES
The Rules of the Club may be added to, altered at a General Meeting by motion of which due notice has been given subject to the approval of the Registrar of Societies.
28. The Club shall not be affiliated to any other Club outside Malaysia.
All Sub-Committees are authorised to incur expenditure up to RM100.00 per organised event or capital item without reference to the General Committee. The Minutes of all meetings shall be sent to the Commodore, Honorary Secretary and Honorary Treasurer.
2. BOAT PARK
(i) Subject to availability, berthing space will be allocated to members owning boats duly registered with the Berthing Master. Such allocation shall be made by the Berthing Master.
(ii) Berthing space may be shifted or withdrawn at the discretion of the General Committee acting through the Berthing Master.
(iii) Children under the age of 14 years shall neither play nor loiter in the Boat Park.
(iv) No member shall be allocated more than one berthing space without the approval of the General Committee.
(v) Berthing space shall be deemed withdrawn upon a boat being declared a dead boat under By-Law No. 11 (c). In this respect these By-Laws shall be read subject to the Constitution of the Club.
(vi) Berthing charges shall be charged for berthing space allocated at the rates specified below with effect from 01st June 1999.
Boats below 24 feet in overall length RM 80.00 per month
Boats 24 feet and above in overall length RM 120.00 per month
Canoes / Kayaks RM 2.00 per month
Others RM 20.00 per month
Surf Boards RM 2.00 per month
Mono Hulls on racks RM 5.00 per month
Mono Hulls on trailers RM 20.00 per month
Multi Hulls RM 40.00 per month
(vii) Boats with an overall length in excess of 30 feet (including the length of the trailer / trolley extending beyond the boat length) shall not be permitted to be berthed at the Club except with the written approval of the General Committee.
(viii) The imposition of berthing charges shall not be construed as granting to the member concerned any rights to the land of the Club whatsoever save for a contractual licence terminable by the Club at will.
(ix) Where boats are co-owned, each member shall be jointly and severally liable to settle the berthing charges and until settled the total sum due shall be debited in full against each of the co-owning member’s account.
(x) The berthing charges may be varied from time to time by the General Committee. However, any increase in such charges shall not take effect until at least 12 months has elapsed from time to time the members are notified of new charges.
(xi) Berthing space is allocated to members only and not to boats and berthing space may, at the discretion of the Berthing Master, be withdrawn for a boat whose whole or part ownership is being or has been transferred.
3. BOAT BOYS
The Committee will attempt to provide boat boys to assist in the launching and recovery of boats on Sundays and Public Holidays.
4. OPEN RACES
All competitors shall be required to sign conditions of entry, which shall be provided by the appropriate Committee.
5. POWER BOATS RACES
Entrants for race meetings organised by the Power Boat Committee need not be members of the Club. Entrance Fees will be advertised. All competitors in any race meeting organised by the Power Boat Committee must sign conditions of entry relieving the Club of any liability for damage to any person or property arising out of the meeting.
No detachable engine tanks or other containers holding any gasoline may be stored in the engine shed. The Club boys have instructions to place any such tanks or containers outside the shed at the owner’s risk
All complaints shall be made in writing and addressed to the Honorary Secretary.
Within the Club House and grounds the playing or operation of musical instruments, radios, tape recorders, record players, gramophones and all forms of sound producing equipment is expressly prohibited except with prior permission of the Committee.
Children under the age of 18 years is strictly not allowed to enter the Upstairs Gaya Bar unless sanction by the General Committee for Official Functions.
10. REINSTATEMENT OF MEMBERSHIP
Any member whose membership has been terminated by the Club due to default in the payment of subscription or dues to the Club may be reinstated at the discretion of the Club General Committee.
In cases where the General Committee has exercised its discre