BAYVIEW

GOLF CLUB LTD

BY-LAWS

AS AT 22-10-2015

Table of Contents

Page

1. POSTING OF COMMITTEE 3

2. CLUB COLOURS 3

3. SENIOR DISCOUNT 3

4. MEMBERSHIP CATEGORIES 4

5. MEMBERSHIP ADMISSION 8

6. MEMBERSHIP TRANSFER 8

7. REBATE OF MEMBERSHIP FEES DUE TO TRANSFER 8

8. REFUND OF FEES 8

9. MEDICAL SUSPENSE 8

10. DIRECTORS RIGHT TO CANCEL MEMBERSHIP 9

11. FEE SETTING 9

12. LIMIT MEMBER NUMBERS 9

13. FEE PAYMENT BY INSTALMENT 9

14. MEMBER LOCKERS 9

15. MEMBER MUST BE FINANCIAL TO PLAY 9

16. UN-FINANCIAL MEMBER NOTICE TO ASSOCIATIONS 10

17. THE BOARD AND COMMITTEES 10

18. CONTROL OF STAFF 13

19. COMPLAINTS 14

20. RULES GOVERNING PLAY AND USE OF THE GOLF COURSE 14

21. VISITORS 15

22. BY-LAWS RELATING TO PROPERTY 16

23. DRESS REGULATIONS 17

24. MOTORISED GOLF CARTS 17

25. LADIES RULES 17

Bayview Golf Club Limited - By-Laws

1

BY-LAWS OF

BAYVIEW GOLF CLUB LIMITED.

These By-Laws shall be read with and are subject to the provisions of the Memorandum and Articles of Association of Bayview Golf Club Limited. In accordance with Article 41.c, the By-Laws may be altered and revised at the discretion of the Directors.

These By-Laws are further subject to the provisions of any lease, tenancy, agreement or arrangement entered into by the Club with respect to any Golf Course, Club House or buildings used by the Club from time to time.

1.  POSTING OF COMMITTEE

The names of the Directors shall be kept posted on the Club’s website.

2.  CLUB COLOURS

The colours of the Club shall be Sky Blue and Navy Blue.

3. SENIOR DISCOUNT

Certain Members, based on their longevity of membership, may receive a discount.

a  Eligibility for Senior Discount

The discounted Senior subscription rate is only available to 3, 5 and 7 Day members who are Continuous Members. Continuous Members are those members who have;

i. 20 years Continuous Membership of the Club and who have reached the age of 65 years, or

ii.  15 years Continuous Membership of the Club and who have reached the age of 70 years, or

iii.  30 years Continuous Membership.

Continuous Membership is continuous membership of the Club in any playing category except Flexi or Par 3 membership. Periods of approved Non-Playing Membership, Absentee Membership and Medical Suspense shall count towards Continuous Membership. Any period of House Membership shall not count towards Continuous Membership.

The discount rate applies in the year a member’s anniversary meets any of the criteria in (i) to (iii) immediately above.

No Member joining after 23.6.2010 will be eligible for this category.

Members who qualify may be offered a Seniors Discount on submission in writing of an application that confirms their eligibility for a Senior sub-category of membership.

b  Cap on Individual Senior Discount

The subscription fee for each individual Senior sub-category of membership cannot be less than 75% of the full subscription fee.

c  Cap on Total Senior Discounts

The sum of the discounts between the full subscription fee and the Senior sub-category fee as applied to each member shall not exceed 4.25% of the subscription fees collected by the Club in the previous year or $50,000, whichever is the greater.

d  Allocation of Total Senior Discounts

Should the sum of the discounts to be applied to the Senior sub-categories exceed the Cap on Total Discounts then the discount will be allocated pro rata to each of the members within the Senior sub-categories as determined by the Directors annually.

4.  MEMBERSHIP CATEGORIES

Article 7.A.a prescribes that a Member may only be an Ordinary, Provisional or Temporary Member of the Club.

4.a Ordinary Membership

The classes of Ordinary Membership are prescribed in the Club’s Articles and provision is made in the Articles for the Directors to determine the numbers (Article 3), eligibility (Article 7A.b) and categories (Article 41.c). The categories are as follows;

4.a.i Full Playing Members

Full Playing Members are Ordinary Members who have the right to;

a.  play on the course 7 days per week,

  1. propose, nominate or second a Member for election as a Director,
  2. be elected as a Director,
  3. vote on all resolutions including special resolutions.

The Directors have determined that the sub-categories of the Full Playing Members class shall be;

7 Day Member. A Member who has paid the applicable 7 Day Member annual subscription.

7 Day Member-Senior. A Member who has paid the applicable discounted annual subscription. See “Eligibility for Senior Discount.”

Intermediate Level 2 Member. A Member aged between 31 and 35 years on the 1st of October in any membership year. The annual subscription is set by the Directors from time to time, but is currently set at 75% of the 7 Day Member annual subscription.

Intermediate Level 1 Member. A Member aged between 25 and 30 years on the 1st of October in any membership year. The annual subscription is set by the Directors from time to time, but is currently set at 50% of the 7 Day Member annual subscription.

Colt Member. A Member aged between 18 and 24 years on the 1st of October in any membership year. The annual subscription is set by the Directors from time to time, but is currently set at 25% of the 7 Day Member annual subscription.

4.a.ii Other Playing Members

Other Playing Members have the right to;

  1. play on the course in accordance with the terms of their sub-category, and can play socially (outside of competition hours) any other day via payment of standard green fees, and

Only in the case of 3 and 5 Day Members to;

b.  propose, nominate or second a Member for election as a Director,

  1. vote on all resolutions, including special resolutions, except those relating to changes to Article 8 (determines membership eligibility).

The Directors have determined that the Sub-Categories of the Other Playing Members class shall be;

5 Day Member. A Member who has paid the applicable annual subscription for playing rights restricted to the 5 days from Monday through Friday. In addition, 5 day members may play in Sunday competitions via payment of standard visitor green fees plus the competition fee. Member’s visitor vouchers may not be used in this instance.

5 Day Member-Senior. A Member who has paid the applicable discounted annual subscription for playing rights restricted to the 5 days from Monday through Friday. See “Eligibility for Senior Discount.”

3 Day Member. A Member who has paid the applicable annual subscription for playing rights restricted to the 3 days of Monday, Tuesday and Friday.

3 Day Member-Senior. A Member who has paid the applicable discounted annual subscription for playing rights restricted to the 3 days of Monday, Tuesday and Friday. See “Eligibility for Senior Discount.”

Junior Member. A Member aged between 14 and 17 years on the 1st of October in any membership year. Junior members may play on the course 7 days per week. Special conditions;

  1. ‘A’ grade handicap Junior Members may place their name on the Saturday time sheet at any time,
  2. ‘B’ grade handicap Junior members may place their name on the Saturday time sheet on the Friday preceding the competition.
  3. For all other times, Junior Members may place their name on the time sheet when the time sheet becomes available.
  4. Junior Members may only play with one other Junior in any competition.
  5. Notwithstanding the foregoing, Junior Members may only play in a non-Juniors competition when they can demonstrate to the satisfaction of the Club Professional or Captain the ability to play and follow the etiquette normally expected of a participant in Club competitions.

Junior Cadet Member. A Member aged between 8 and 14 years on the 1st of October in any membership year. Cadet members may play on the course 7 days per week. Cadets are not eligible to play in club competitions unless otherwise agreed to by the Captain. Cadets may transfer to the Junior category once attaining the handicap of 27 for boys and 36 for girls.

Flexi Member. A ‘pay for play’ sub-category. The Flexi Member purchases an amount of “Golf Credits” in the form of points. The points are deducted each time the Flexi Member plays. Depending on the number of points purchased a Flexi member may be categorised as a Flexi 1, Flexi 2 or Flexi 3 Member. Special conditions;

  1. Flexi points have a life of one calendar year from the joining date-unused points are forfeit.
  2. Permitted to play on the course 7 days per week.
  3. May play in weekday and weekend competitions.
  4. Not eligible for club championships or club representative teams.
  5. Flexi Members may only book into a club competition 7 days in advance.
  6. A $250.00 discount for each full year of completed Flexi Membership will be deducted from the joining fee, if applicable, when applying for Full Playing Membership.
  7. For the avoidance of doubt, this sub-category has no voting or nominating rights.

h.  Full Playing Members and Other Playing Members may not transfer into the Flexi 1 and Flexi 2 sub-categories of membership.

Par 3 Member. A reciprocal program sub-category. Special conditions;

  1. Means a reciprocal member who is entitled to 5 free social rounds or 5 competition round (where only the competition fee applies)
  2. Provision of a Golf Link card and GA handicap
  3. A discount to normal green fees of $11/18 holes and $7/9 holes.

4.a.iii Life Members

A Life Member is a Member elected under the provisions of Article 7A (d)

A Life Member has the right to;

a.  play on the course 7 days per week,

b.  propose, nominate or second a Member for election as a Director,

c.  be elected as a Director,

  1. vote on all resolutions including special resolutions.

4.a.iv Non Playing Members

Non-Playing Members retain their membership subject to the following conditions;

  1. Completion of at least one full membership year
  2. Have the right to use the Clubhouse facilities
  3. Are eligible to play on the course a maximum of 6 times per subscription year as a social player without payment of a green fee. Otherwise may use the course under the conditions that apply to visitors.

d.  For the avoidance of doubt, Non-Playing Members have no voting or nominating rights.

Absentee Members. A category of Non-Playing Membership only available to existing Full Playing, 5 and 3 Day Members including Seniors in those categories who will be absent from the Club for an extended period of time. To be eligible the Member must make an application in writing to the Membership Committee that substantially fulfills all of the following criteria;

  1. Absent from Sydney preventing access to the Club, and
  2. Minimum time away of 9 months, and
  3. Minimum time away in the current membership year of 4 months, and
  4. Maximum time away 2 years, or longer as agreed at the outset.

The Member must complete payment for any subscriptions billed or agree to continue periodic payments until the full year subscription is paid.

On the return of the Absentee Member, the Member may re-join in the same membership category or such higher category as agreed.

The returning Member’s immediate next subscription fee will be credited with 75% of the value of the pro rata subscription fee applicable to the period of absence eg. if away for 4 months of the paid up current year then the credit is the value of 3 months of the current year subscription.

The credit will be forfeited if the member does not return within the agreed timeframe (2 years or as agreed at the outset).

If the Absentee member is away for more than the current subscription year, the Club can, on request, maintain the Absentee member’s GA handicap history on payment of an annual fee currently set at $100.

House Members A House Member is a Non-Playing Member who only has the right to utilise the Clubhouse and its facilities. House Members have no nomination or voting rights. The Directors set the annual subscription from time to time.

4.a.v Honorary Members

An Honorary Member is a member elected under the provisions of Article 7B (1).

4.b Provisional Members

A Provisional Member is a member who has applied for admission to the Club, paid the annual subscription applicable and is awaiting the decision on admission. In accordance with the Article 7A.c, the Directors have determined that Provisional Members shall have access to the golf course and be entitled to play in any game as if admission had been granted. Provisional Members do not have nomination or voting rights.

4.c Temporary Members

In accordance with Article 7B.1.2, the Board has determined that the Temporary Membership category is currently closed.

5. MEMBERSHIP ADMISSION

  1. All nominations for membership shall be in the form prescribed by the Directors (Article 8).
  2. An intending member’s nomination form shall include a proposer and seconder who may be members of the Membership Committee (Article 8).

c.  In the event of an application for membership being rejected any entrance fee and other payments lodged with the nomination shall be returned to the applicant.

6. MEMBERSHIP TRANSFER

Except as limited elsewhere in these By-Laws and subject to qualification, a member of any class shall be entitled to apply to the Directors for transfer to membership of any other class, and the Directors may at their discretion effect the transfer, provided that any entrance fee or additional entrance fee, or any subscription or additional subscription deemed by the Directors to be payable, be paid (Article 10).

7. REBATE OF MEMBERSHIP FEES DUE TO TRANSFER

No rebate of entrance fee or subscriptions shall be payable to any member in respect of his or her transfer of membership to another class.

8. REFUND OF FEES

The refund of any non-transfer subscription or other fees for any reason must be approved by the Board of Directors. Each application will be considered on its own merits unless the conditions are referred to elsewhere in these By-Laws in which case the referred to By-Law will stand. (Article 13).

9. MEDICAL SUSPENSE

Full Playing Members, 5 Day Members, 3 Day Members and Seniors in each of the preceding categories only may apply to the Board of Directors for a medical suspension where their incapacity to play is for a period of greater than 4 months. No suspension will be granted for periods of less than 4 months. Members applying for medical suspension are required to submit to the Board of Directors a letter stating the period and reason for their incapacity to play. A medical certificate signed by a Doctor must be attached to the application. If approved, the Member’s subscription fees for the following year will be credited with 75% of the subscription fee applicable to the time lost for Full Playing Members (and Seniors) and 50% of the subscription fee applicable to the time lost for 5 Day Members and 3 Day Members (and Seniors). (Article 13).