Eagle Canyon Golf & Lifestyle Estate

Club Governance

Eagle Canyon Country Club – Golf Section Governance Document

1. Name:

The association governed under this document shall be called the Eagle Canyon Country Club - Golf Section (EC Golf Club), which forms part of Eagle Canyon Country Club (Pty) Ltd, and is wholly owned by the Eagle Canyon Homeowners Association (ECHOA).

2. Definitions:

In this document, unless the contrary meaning is clear:

2.1 A reference to the masculine shall include the feminine gender.

2.2 The singular shall include the plural and vice versa.

2.3 EC Golf Club means the association governed under this document.

2.4 The Directors refers to the Directors of Eagle Canyon Country Club appointed by ECHOA

2.5 The CEO is the person appointed by the ECHOA to manage Eagle Canyon Country Club.

2.6 The Director of Golf is the person appointed by Eagle Canyon Country Club to manage the golfing operation. The Director of Golf reports to the CEO

2.7 Management refers to the CEO, Director of Golf and the senior operational staff of EC Golf Club.

2.8 Notice Boards are the attached structures in EC Golf Club for notice purposes.

2.9 The Golf Committee are the golf Members elected as per this document to represent the golfers of EC Golf Club.

2.10 Domestic rules refer to the attached set of golf rules.
2.11 Member includes both male and female and shall mean a person in any Membership category.
2.12 In case of doubt as to the meaning of any clause in this document or any

rule made in terms of this document, the interpretation of the Directors, Management, and the Golf Committee shall be binding upon the Members until such time as the Members in a General Meeting may otherwise determine.

2.13 Full members are defined by members of the following membership categories; Full resident, Full non-resident, Corporate, Founder, Senior, Mid Full, Honorary and Honorary Life members.

3. Rights, Liabilities and Indemnities:

3.1 Membership of EC Golf Club does not and shall not give any Member a right, title, interest, claim or demand to any of the monies, properties or assets of EC Golf Club, but only confers upon such Member the right and privilege of entering in and upon the grounds and erections of the Estate, and to use and enjoy the facilities of EC Golf Club in accordance with the purpose for which it is intended.

3.2 The individual Members shall not be liable for the debts, contractual obligations or any other liabilities of EC Golf Club and their liability shall be limited solely to the amount due by them in respect of their outstanding subscriptions or other monies payable in terms of this constitution and its rules.

3.3 If upon winding up or the dissolution of EC Golf Club there remains after the satisfaction of all its debts, any property assets whatsoever, the same shall not be paid to any person, but shall be given or transferred to the ECHOA.

3.4 The Members of the duly appointed Golf Committee and co-opted representatives are hereby indemnified by EC Golf Club against any losses or expenses incurred as a result of their negligence or omission in the scope of their duties in terms of this document.

4. Membership:

Except for Founder Members, Membership of EC Golf Club is renewable annually and runs from 1st March of one year to 28/29th February of the following year, and shall be determined by the Directors, Management and the Golf Committee. Membership currently comprises the following classes of Membership;

4.1 Full Resident Members – Members that reside on the Estate and have joined the golf section.

4.2 Full non Resident Members – Members who do not reside on the Estate and have joined the golf section.

4. 3 Corporate Members – those persons where Membership privileges are offered to cardholders as part of a company or business Membership.

4.4 Founder Members (Limited to 50 gentlemen & 5 ladies) – Members who joined EC Golf Club for the payment of a one time fee thereby obtaining certain privileges over other Membership categories.

4.5 Senior Members – persons who are a Member in one of the Member categories, have gone on pension and are older than 65 years, which entitles them to a discount of 25% (twenty five percent) on the prevailing Member green fee rates.

4.6 Student Member – a person younger than 25 years who is a bona fide full time student at a recognised South African tertiary institute.

4. 7 Junior Member – a person who has not yet turned 18 on the first day of the financial year of EC Golf Club.

4. 8Mid full Member – a person younger than 32 and no longer a junior. This Membership category has full Member rights.

4.9 5-day Members – Members with full paid Member rights for the period Tuesday to Friday and Sunday afternoons excluding holidays.

4.10 Honorary Member - a person who holds a special public or other position or who has conferred a special benefit upon EC Golf Club, for such period and subject to such conditions as the Directors & Management may determine.

4.11 Honorary Life Member - A Member who has conferred a particular benefit upon EC Golf Club and has on recommendation of the Directors & Management been elected an honorary Life Member.

The Management may, upon written application by a Member, change such Membership to a suitable category of Membership as it deems fit, as from a date determined by Management.

5. Membership Number Limitations:

5.1 The number of Members shall not exceed such number as the Directors & Management may from time to time decide upon.

5.2 The Directors & Management shall be empowered to institute a waiting list of all persons applying for Membership of EC Golf Club.

6. Privileges of Members:

Members shall be entitled to the use of the facilities of EC Golf Club in accordance with the Rules of EC Golf Club subject to any restrictions imposed by the Directors & Management, and subject to any fee/s payable.

7. Admission of Members:

7.1 A prospective Member shall apply for Membership in writing by completing the prescribed application form, and being nominated and seconded. This, together with the entrance and subscription fee payable, shall be handed to the Director of Golf who shall arrange for a reference check to be carried out at any other Clubs the prospective Member is, or has been, affiliated to, or any other references/checks the Directors & Management may deem necessary.

7.2 A prospective Member may make use of EC Golf Club facilities, provided, that the applicable entrance and subscription fee payable have been received.

7.3 Each new Member shall be bound by this document and golf rules and may be required to be interviewed by Management and the Golf Committee.

8. Resignation:

Resignation from EC Golf Club must be in writing, addressed to the Director of Golf and must be received by him no later than 30 (thirty) days prior to the last day of the month that the Membership expires, failing which the Member will be liable for the subscription for the ensuing financial year.

9. Obligations of the Member:

9.1 To pay the annual fees as determined by the Directors & Management in conjunction with the Golf Committee.

9.2 To pay and make good to EC Golf Club any loss or damage which EC Golf Club may sustain through any act of default of the Member, his guests or family members.

9.3 To notify EC Golf Club of any change in address or telephone numbers.

9.4 To observe the provisions of this governance document, the Domestic Rules of EC

9. 5 Golf Club, and the Estate Rules & Regulations

10. Suspension/termination of Membership:

A Member’s Membership may be terminated or suspended by EC Golf

10.1 Exhibit unsatisfactory behaviour, deportment or appearance at your home club or any away club.

10.2 Permit his or her Membership card to be used by a non-Member, unless otherwise provided for, within the context of a Corporate Membership.
10.3 Fail to pay dues, fees or EC Golf Club accounts in a proper and timely manner.

10.4 Fail to abide by the Governing Rules and Regulations of EC Golf Club.

10.5 Treat the employees or personnel of the EC Golf Club or EC Country Club in an unacceptable manner.

11. Entrance fees, annual subscriptions and payment of accounts:

11.1 The entrance fee for Members shall be such sum, as the Directors & Management, in conjunction with the Golf Committee, shall from time to time determine. The Directors & Management shall have the right from time to time in its absolute discretion to waive entrance fees, or determine the manner of their payment.

11.2 All subscriptions shall be in respect of the financial year of EC Golf Club and shall be payable in advance or by arrangement with the Directors & Management

11.3 New Members shall pay the applicable subscription as from the 1st of the month in which Membership is applied for. Annual subscriptions will be prorated on a monthly basis.

11.4 A Member who has not paid his subscriptions within one month after it became due and payable, shall be advised in writing that his Membership has been terminated and such a Member, should he be interested in reapplying for Membership, must do so through the Membership application process.

11.5 Any Member who during the year changes his category of Membership shall become liable for any increase in subscription for the remaining period, but will only be entitled to any decrease for that unexpired portion of the financial year of EC Golf Club at the sole discretion of the Directors & Management.

11.6 Members shall not be entitled to any rebate or reduction of subscription by reason of absence of any kind or for any reason, provided however, that the Directors & Management may in its absolute discretion in the case of continued illness or infirmity of a Member, or in exceptional circumstances, waive a part of the subscription.

11. 7 The Golf Director shall be responsible to announce annual subscriptions 30 (thirty) days in advance of such subscriptions becoming due and payable by the Members.

12. Golf Committee

The Golf Committee shall consist of the following:

Men’s Section:

- The Captain

- The Vice Captain

- and 1 (one) additional elected Member

Ladies Section:

- The Ladies Captain

- The Ladies Vice Captain

- and 1 (one) additional elected Member

13. Responsibilities of the Golf Committee:

The Golf Committee shall assist Management with the following:

13.1 Management of the relevant League teams, including the appointment of responsible League Captains, management of funds within the approved annual budget from the Directors, selection of teams and the dress code.

13.2 Assist with the development of Junior golf at EC Golf Club, within the approved budget from the Directors.

13.3 Assist with prizes, fundraising and arrangement of sponsorships in liaison with Management.

13.4 Assist with inputs from Members regarding potential course improvements and maintenance requirements.

13.5 Assist in arrangement of competitions e.g. Club championships.

13.6 Assist with potential actions for the improvement of the spirit of EC Golf Club through the Director of Golf.

13.7 Attend the required CGGU and CGLGU meetings and give feedback to the Director of Golf.

13.8 Supply inputs to EC Golf Club’s diary.

13.9 Assist with the Annual General Meeting of the Golf Section.

13.10 Attend disciplinary hearings as and when required.

13.11 Assist with handicap calculations.

14. Disciplinary Committee of EC Golf Club:

The Director of Golf will chair all disciplinary hearings and these hearings will be attended by The Club Captain, Ladies Captain and two other neutral Members, at least one of whom will have a legal background or EC Golf Clubs legal representative should be present.

15. Misconduct of golf Members:

Any Member who commits any wilful breach of the golf rules of EC Golf Club, or is guilty of improper, dishonest or unworthy conduct, unbecoming or prejudicial to the interest of EC Golf Club, whether within EC Golf Club’s boundaries or outside them, can be called upon to appear before the disciplinary committee. Should such Member fail to appear when called upon, the disciplinary committee will continue with the hearing in the absence of the Member.

16. Right to appeal:

Any Member will have the right to appeal against the finding of the disciplinary committee. This appeal will be handled by the CEO and another neutral Member and must be received within five working days after the disciplinary hearing. Any Member sentenced to expulsion or banned from playing shall be precluded from all privileges of Membership until the appeal is heard.

17. Election of Golf Committee:

The Golf Committee Members referred to in clause 12, shall be elected each year at the Annual General Meeting (AGM) as follows:

17.1 Nominations of candidates, who are to be elected as representatives, shall be in writing, signed by a Member of EC Golf Club as proposer, as well as the nominee, indicating his/her acceptance, and shall be delivered to the office of the Director of Golf and posted by him on the notice Boards of EC Golf Club, at least 7 days prior to the date of the next AGM of EC Golf Club.

17.2 If more candidates are nominated than the number of vacancies, the election shall be by ballot. Ballot boxes and ballot papers shall be available at the Pro Shop/check-In counter from a date 7 days prior to the AGM until the day of the AGM

17.3 Ballot papers shall only be issued on presentation of Membership cards.

17.4 Members of EC Golf Club voting for the election of the Golf Committee shall be entitled to cast any number of votes provided that the number of votes so cast shall not exceed the number of vacancies to be filled and provided further that not more than one vote may be cast for any one candidate.

17.5 Should a member not be able to attend the AGM, they may provide a proxy to a member in good standing, who will present the proxy at the meeting on behalf of the member.

17.6 The ballot boxes shall be under the control of the Director of Golf who shall open them and count the votes in the presence of two scrutinisers nominated by the AGM who shall not include any nominees.

17.7 Where two or more candidates have received an equal number of votes the Members present at the AGM shall elect one of the nominees concerned by means of a ballot.
17.8 In a year that the captain gets voted for the following process takes place:

All eligible members who have indicated their intention to stand of committee positions will be placed on a ballot paper.

- 1st Round of Voting
Of the nominated persons a vote will take place to determine the 3 positions for the club committee. The nominees with the 3 highest votes will proceed to the committee position vote.
- 2nd Round of Voting
The nominees with the 3 highest votes will then be elected for the position of Captain, vice-captain and committee member in the order of number of votes
received.
In the year where the captain is serving his second year, the process will be: All eligible members who have indicated their intention to stand for committee positions will be placed on a ballot paper.
- 1st Round of Voting
Of the nominated persons at vote will take place to determine the 2 positions for the club committee. The nominees with the 2 highest votes will proceed to the committee position vote.
- 2nd Round of Voting
The nominees with the 2 highest votes will then be elected for the position of, vice-captain and committee member in the order of number of votes received.

17.9 The Golf Committee shall hold office for a period of one year in the same position, except for the respective Captains, with effect from the AGM at which they took office. Golf Committee Members shall be eligible for re-election.
17.10 The Golf Committee may co-opt a Member to fill a vacancy until the next Annual General Meeting when he shall retire and be eligible for re-election.

17.11 Members present at the AGM will elect The Club Captain, Vice Captain, Ladies Captain and Ladies Vice Captain.

17.12 The Club Captains shall serve for a minimum of two years.

18. Qualification for nomination to Golf Committee:

18.1 Only full members of EC Golf Club, who have been a full member for at least one year, shall be eligible for nomination and election.
18.2 Only a nominee who has served for at least one year on the committee may be elected as the Club Captain.

19. General Meetings

19.1 Annual General Meetings (AGM)

19.1.1 The EC Golf Club AGM shall be held annually within four months of the financial Year end.
19.1.2 Notice of the EC Golf Club AGM shall be posted on the EC Golf Club notice Board not later than 30 (thirty) days prior to the date of such meeting.

19.1.3 Members are permitted to submit in writing to the office of the Director of Golf items for inclusion on the agenda of the AGM not later than 14 (fourteen) days prior to the date of the meeting.

19.1.4 An agenda of business to be conducted at the AGM shall be posted on the EC Golf Club notice Board not later than 7 (seven) days prior to the date of such meeting.

19.1.5 The Golf Director or Men’s Section Captain, and failing them a person elected by the Members present at the meeting, shall serve as Chairperson at the AGM.

19.1.6 The quorum for an AGM shall be 20 fully paid up Golf Club Members, entitled to vote. If such quorum is not present at the time appointed for the meeting, the meeting shall automatically be postponed without motion or vote to a date within 14 (fourteen) days as agreed between the Directors, at the same time and place.

19.1.7 No business other than that for which due notice has been given shall be transacted at the AGM.

19.1.8 Business to be conducted at the AGM shall include the Director of Golf and Captains’ reports and a financial report on the activities of EC Golf Club for the period under review, election of the Golf Committee and to transact such business of which due notice has been given.

19.2. Voting Rights:

At the AGM the number of votes shall be calculated as follows: Founder and full Members of the Golf Club who are in good standing with The Club shall have 1 (one) vote. Male members are permitted to vote for the men’s committee only and lady members are permitted to vote for the ladies committee only.

19.3.Special General Meeting (SGM)

The Club shall hold a Members’ meeting in the circumstances contemplated in points i., ii. and iii. below.

19.3.1 At any time that the committee is required to refer a matter to Members for a decision regarding the execution of the constitution or requirements for changes to the constitution.
19.3.2 Special resolution.

Notice of Special General Meetings

19.3.3 The Club must deliver notice of each meeting to all Members at least 14 (Fourteen) Business Days.

19.3.4 The notice of a Members’ Meeting shall be in writing and shall include the items as per the meeting called.

19.3.5 The notice shall be exclusive of the day on which it is given, and shall specify the following:

i) The venue, the date, and the time of the meeting;

ii) In the case of special business, in addition to any other requirements contained in this Constitution, the general nature of the business; and

iii) In the case of a proposed Special Resolution, the terms, effects, and reasons therefore.

iv) The quorum for an SGM shall be 20 fully paid up Golf Club Members, entitled to vote. If such quorum is not present at the time appointed for the meeting, the meeting shall automatically be postponed without motion or vote to a date within 14 (fourteen) days as agreed between the Committee, at the same time and place.

v) At the SGM the number of votes shall be calculated as follows: Founder and full Members of the Golf Club who are in good standing with The Club shall have 1 (one) vote.

20. Disclaimer of Liability:

All persons entering EC Golf Clubs’ premises or using EC Golf Clubs’ facilities do so at their own risk and all such persons must be responsible for their own safety and for the care of their belongings. Neither EC Golf Club nor its Directors & Management, employees, agents or contractors shall be liable for any injuries (including loss of life) incurred by such persons or loss or damage to their belongings, whatever the cause.

21. Notices and special notices:

General Club notices to Members shall be posted on the notice Boards provided on EC Golf Clubs’ premises and via available electronic mail.
This posting shall be regarded as sufficient notice to each individual Member.

22. Motorised Carts:

Whilst using Motorised carts, the rules displayed in the cart and on the lease agreement are to be adhered to at all times. Golf carts are not compulsory. Persons under 18 years are bound by the ECHOA’s rules and regulations with regards to the use of carts. Golf carts are utilised at the renter’s own risk. Owners of their own carts will adhere to the same rules.

23. Course Marshall:

The Course Marshall has been employed to see to the flow of the field. He/she is the spokesman of the Director of Golf and has a set of tasks that must be performed. As a representative he/she has the right to implement the rules pertaining to slow play. It is a breach of these rules to verbally abuse or rebuff the Course Marshall, and necessary disciplinary action will be taken.

24. Driving range and practise facilities:

The driving range and practise facilities are the responsibility of the Director of Golf and are provided for all persons on the Estate, visitors and Members. Any persons using these facilities will abide by instructions issued by the official on duty.

25. Dogs, non-golfing pedestrians etc.

These are not permitted on the course or cart paths when golf is in play i.e. when flags are on the course.

26. Club times:

The course is open every day with the exception of Monday’s (excluding public holidays), Christmas Day and New Year’s Day. The course opens at times as determined by the Director of Golf in consultation with the Golf Committee.

27. Corporate Membership:

Persons using the floating cards of Corporate Membership must have official handicaps to play on Saturdays and in any Club competition.

28. Private Property:

At no stage may any Member or visitor enter any private property to collect golf balls. Any breach of this rule shall result in disciplinary action.

29. Payment of playing fees:

Nobody is entitled to commence playing golf before they have paid the applicable fees at the Check–In counter. Those with playing cards still need to report to the Check–In counter, failing which disciplinary action will be taken.

30. Interpretation of Rules:

In case of doubt as to the meaning of any clause of this document, the interpretation of Management shall be binding on all Members.

31. Prohibited areas:

Private residences, the kitchen, offices, storerooms, workshops and behind the counter in any of the Bar’s, Check-In counter, and Pro Shop are prohibited to all Club Members and visitors.

32. Authority to exclude:

Any Golf Committee Member, at their own initiative or at the request of a Member of EC Golf Club, shall be empowered to approach the Director of Golf or Senior Management to ask him/her to expel temporarily from the EC Golf Club premises a Member or any person whose conduct is such that in their opinion it is inexpedient that he or she is allowed to remain therein.

33. Rules binding to Members:

The rules shall be binding on all Members of EC Golf Club until amended in terms of the Rules.