VALPICARTICLES OF ASSOCIATION
Homeowners’ Association
Crans-Montana – Lens – Icogne
| I. NAME AND PURPOSE OF THE ASSOCIATION | |
| Article 1 : Name | Under the name “VALPIC Association des Propriétaires – Crans-Montana – Lens – Icogne”, an association is formed in accordance with Articles 60 et seq. of the Swiss Civil Code. The association’s registered office is in Crans-Montana. |
| Article 2: Purpose | The association is of public interest. Its main aim is to represent owners of non-commercial real estate in the Crans-Montana region and to defend their interests in order to improve their quality of life when living on the Haut-Plateau. It represents its members in all debates relating to the organization of community life on the Crans Montana High Plateau and organizes events in the interests of its members. It carries out all activities useful to its members. |
| II. ADMISSION, RESIGNATION AND EXCLUSION | |
| Article 3: Admission | Any natural person who owns a non-commercial property in the communes of Crans-Montana, Lens and Icogne may become a member following approval of their application to the Committee by the association’s ad hoc committee referred to in Art. 11. An owner of a non-commercial property is deemed to be the owner of shares in a legal entity which entitle the holder to the use of a residential property. |
| Article 4: Members | The association’s members fall into three categories: – Single people – couples – Families with children under 18 years of age Membership fees are adapted to each category, and may be modified by unanimous decision of the Executive Committee. |
| Article 5: Resignation | Members are free to leave the Association. Members must notify their resignation to the Committee in writing no later than three months before the Annual General Meeting. |
| Article 6: Exclusion | Exclusion may be pronounced by a unanimous vote of the Committee members in respect of members : a. who no longer meet the conditions of art. 3 b. who seriously damage the interests of the Association c. who are in arrears with their membership fees d. for just cause |
| III. BODIES | |
| Article 7: Governing bodies | The bodies of the Association are : a. The General Meeting b. The Executive Committee c. Extended Committee d. The Auditors |
| Article 8: General Meeting Article 9: Extraordinary General Meeting | The Annual General Meeting (AGM) is held once a year, normally in December. General Meetings are convened by e-mail or post at least 21 days in advance. The AGM is validly constituted regardless of the number of members present. Each member has one vote and may be represented at a General Meeting by written proxy, to be presented at the start of the meeting. A member may represent no more than two other members. The AGM is chaired by the Chairman of the Board, failing which by one of the Vice-Chairmen. The agenda must include at least the following items: – Approval of the minutes of the previous AGM – The Committee’s annual report – Statement of accounts for the past year – Auditors’ report – The budget for the coming year – Determination of the annual membership fee by category – Actions planned for the following year – Election of Committee members – Other business and proposals from members The AGM takes its decisions by a majority of members present and represented. Elections are by absolute majority in the first round and relative majority in the second. Minutes of the meeting are taken either by the Secretary or by a meeting secretary. The AGM has the following inalienable rights: a. Adopt and amend the Articles of Association b. Elect members of the Extended Committee c. Elect the Chairman from among the members of the Committee, and the two Vice-Chairmen d. Appoint the Auditors e. Approve the Committee’s annual report, the financial statements and the Auditors’ report. f. dissolve the Association The AGM may be convened in extraordinary session at the initiative of the Executive Committee or at the request of twenty percent of the members. In the latter case, the request must be made in writing to the Executive Committee and include the proposed agenda. The notice of meeting will include the date, time, place and agenda. No decisions may be taken other than those on the agenda. The AGM is then convened 21 days in advance by e-mail or, if this is not possible, by personal letter, or by any other means deemed useful by the Committee. |
| Article 10: The Executive Committee | The Executive Committee is composed of a maximum of four persons, including – The Chairman – Two Vice Presidents – One Treasurer These persons are elected for a renewable two-year term. The Executive Committee manages the Association’s affairs and represents it externally, with a view to achieving its objectives. Its members assume no private or personal liability by virtue of their management of the Association’s affairs, provided they act within the scope of their competence. The Association can only be validly committed to third parties by the collective signature of a member of the Executive Committee with the Chairman. Executive Committee members receive no remuneration for the performance of their duties. However, with the approval of the Executive Committee, travel to special meetings and appointments may be reimbursed on a pro rata basis for the number of kilometers travelled, a prerogative of the Committee. Rail travel will always be preferred to any other means of travel, unless another means is more economical in terms of time and money. The2nd-class SBB ticket is used as a reference for reimbursement of travel expenses. |
| Article 11: The Extended Committee | It comprises a maximum of 12 people, including : – The Secretary – Members of the Executive Committee – Chairmen of commissions set up by the Executive Committee to deal with specific issues (Admissions Commission, Ethics Commission, etc.). – Members whose particular skills are useful to the Association |
| Article 12: Auditors | Two auditors elected for a two-year term present an independent annual report on the Association’s accounts to the AGM. They may not be members of the Committee and are immediately eligible for re-election. |
| IV. FINANCES | |
| Article 13:Resources | The Association’s resources come from : a. Membership fees b. Donations or legacies c. Voluntary contributions |
| Article 14: Accounting year | The financial year begins on October1 and ends on September 30. |
| Article 15: Warranties | The Association’s assets are the sole guarantee of its obligations. A member who withdraws or is excluded has no right to the Association’s assets. |
| V. REVISION OF THE ARTICLES OF ASSOCIATION AND DISSOLUTION | |
| Article 16: Amendment of the bylaws | Any amendment to these Articles of Association must be approved by an absolute majority of members present and represented at the General Meeting. |
| Article 17: Dissolution | Only a General Meeting specially convened for this purpose may decide to dissolve the Association. A two-thirds majority of members present and represented, representing at least half of all members, is required. If these conditions are not met, dissolution may be decided by a majority of members present and represented at the subsequent Extraordinary General Meeting. In the event of dissolution, the last AGM will, as far as possible, allocate the Association’s assets to an institution with similar aims. |
| Article 18: Adoption of the bylaws | These Articles of Association have been adopted by the founding members and must be approved by the next Annual General Meeting. |