Constitution and By-Laws
of The Forked Creek Yacht Club, Inc.
Severna Park, Maryland
Amended: November 18, 2008
ARTICLE I
NAME, PURPOSE, AND GOVERNING DOCUMENTS
1.1 The name of this club shall be “The
Forked Creek Yacht Club, Inc.”, herein
after referred to as “FCYC”.
2.2 Membership
1.2 The purpose of the FCYC is to
stimulate interest in boating and sailing,
to promote social recreation, to provide
facilities for the enjoyment of
members, and to enhance the general
welfare of the community.
1.3 This Constitution is the governing
document of the FCYC. Meetings of
the FCYC, or of any of its constituted
bodies, follow Robert’s Rules of Order
Revised to the extent possible, except
that in any case of conflict this
Constitution supersedes Robert’s Rules.
1.4 FCYC is a Non-Profit equity yacht club
incorporated under Section 501(c)(7) of
the Internal Revenue Code. The FCYC
will own and manage all facilities and
members will have exclusive rights to
designated slips.
ARTICLE II
MEMBERSHIP
2.3 Transfer of memberships
2.1 Definitions
a. Membership in the FCYC entitles
the member to the right of free
access to the lands and tenements of
the FCYC, subject to this
Constitution and to FCYC Rules
and Regulations.
b. Membership in the FCYC is without
regard to race, creed, color,
religion, sex, national origin, or
age.
a. Members are at least 21 years of age.
They pay fees, dues and
assessments. Members have full
privileges of the FCYC, including
the right to vote and hold office,
and share an equal interest in the
property of the FCYC.
b. An individual and/or their spouse
(not Corporations, partnerships or
families) will own the equity
membership and have the right to
use their slip and common FCYC
property. An equity membership
shall have one vote.
c. In order to create the opportunity for
members to change slip
assignments, and for new members
to join the FCYC, an individual/
spouse shall not have the rights to
more than one slip, i.e., own more
than one equity membership.
a. Members in good standing may
transfer their membership to
another individual. The Board of
Governors will set from time to
time (at least annually), the
minimum price for each
membership (slip). The Board of
Governors may reject an
1
 application for transfer if the
proposed member does not conform
to the existing Rules and
Regulations of the FCYC, or if the
requesting member is not in good
standing. If the transferring
member obtains a price higher than
the minimum, that higher price will
be used as a basis for the transfer
and any fees.
b. The FCYC will retain 10% of the
membership fee generated by an
approved transfer and the departing
member will receive the balance of
any net fees collected by the FCYC
from the transfer of membership.
c. If a member arranges through the
Board of Governors to transfer his
membership (slip) to an individual
who currently owns a membership,
the 10% fee will be waived. The
purpose of this is to encourage the
members to favor existing members
in any transaction. The Board of
Governors may set a reasonable fee
on these transactions to cover any
costs incurred in the transfer.
d. Members (or their estate) may
transfer their current membership to
an immediate family member for no
fee Immediate family consists of
spouse, children and grandchildren.
Any other family transfers must
have approval of the Board of
Governors.
2.4 Membership rights and slip use
a. Once approved as a member and
assigned a permanent specific slip,
the member will have the following
rights:
1) The member will have
exclusive right to use that slip.
The member will have the right
to sublet that slip as long as the
tenant conforms with the Rules
and Regulations of the FCYC as
set by the Board of Governors.
2) The member will have the right
to improve the slip, with the
approval of the Board of
Governors, i.e., better lighting,
electrical improvements, etc.
These improvements, their
installation and maintenance
will be the responsibility of the
member and not the FCYC.
Upon transfer of the
membership, the Board of
Governors may require that the
slip be brought back to its
original condition and this shall
be the responsibility of the
departing member.
3) A vote of the simple majority of
the membership shall be
necessary to approve any capital
improvements or acquisition
over $10,000.00. The vote of
the majority of the membership
will have to approve any action
by the Board of Governors to
borrow any funds or encumber
any asset to the FCYC.
4) Any action taken by the Board
of Governors can be overruled
by a two-thirds majority of the
current membership.
2
 ARTICLE III
DUES, ASSESSMENTS, FEES AND PAYMENTS
3.1 Dues fees and assessments are
determined by the Board of Governors
and presented and approved at the Fall
General Membership Meeting. At least
30 days prior to any changes going into
effect, written notification of any
proposed changes in dues or
assessments must be given to the
membership.
a. Members will be charged dues each
year to cover the on going cost of
operating the FCYC.
b. Members will be charged a Capital
Facilities Assessment each year, as
necessary, to cover the cost of
maintaining the physical facilities of
the FCYC.
3.2 Assessments may also be approved by
the voting membership at any regular
or special membership meeting at
which there is a quorum present.
Eleven (11) members shall constitute a
quorum. Written notification of any
proposed assessment must be given to
the voting membership at least 15 days
prior to the meeting date. Approval of
any assessment, as provided in this
section, requires a two-third majority of
the voting members present.
3.3 All dues and assessments are payable in
accordance with such schedules as may
be established by the Board of
Governors.
3.4 Members who are 30 days in arrears in
paying fees, dues, or assessments shall
have their names posted on the FCYC
bulletin board by the Secretary, who
will also notify them in writing by
registered or certified mail, return
receipt requested. If payment is not
made within 30 days after the mailing
date of this notification, the
membership will be terminated by the
Board of Governors, after which
reinstatement will require payment of
all outstanding debts and approval by
the Board of Governors. Under no
circumstances can membership be
renewed for a succeeding year without
the member paying in full all
outstanding debts to the FCYC.
If outstanding debt is not paid or a
certificate of insurance is not submitted
within 60 days after the due date, a
default charge of $40.00 will be paid by
the member to the FCYC, in addition to
any other amounts due. Such charge is
intended to compensate the FCYC for
part of the cost incurred by the FCYC
to collect such debt, including but not
limited to preparing and mailing
notices to the member.
Any outstanding debt not paid or
certificate of insurance not submitted to
the FCYC will incur an additional late
fee every 30 days equaling the greater
of $20.00 per month or 5% of the
amount due, but unpaid. This fee shall
be paid by the member to the FCYC, in
addition to any other amounts due.
Such late fee shall be assessed for the
member’s failure to pay outstanding
debt when due.
If a member’s check is returned unpaid,
a dishonored check fee of $25.00 will
be paid by the member to the FCYC, in
addition to any other amounts due.
Such fee is to compensate the FCYC
for additional bookkeeping costs and
bank charges incurred by the FCYC on
account of such dishonored check.
3
3.5 Members terminated for nonpayment of
debts, or suspended or terminated for
violating FCYC Rules and Regulations,
shall be denied any use of FCYC
facilities until they again become
members in good standing.
3.6 All indebtedness owing to the FCYC
by any member shall constitute a lien
upon such slip. If any such
indebtedness is ninety (90) days past
due, the Board of Governors may
redeem said slip at its then redemption
value, after giving the owner of the slip
notice in writing at least ten (10) days
before the time of such redemption.
The proceeds of such redemption shall
be applied first to the payment of
expenses of redemption; second, to the
payment of all debts owing to the
FCYC by the member, including the
10% transfer fee; third, the remaining
balance, if any, shall be paid to the
former member.
ARTICLE IV
SEMI-ANNUAL MEMBERSHIP MEETINGS
AND PREROGATIVES
4.1 There shall be meetings of the
membership to occur in April and
November.
4.2 Special meetings of the membership
may be called by the Secretary at the
request of the Commodore or at the
request of three members of the Board
of Governors.
4.3 Election of officers and members of the
Board shall be held at the November
meeting. Those elected and appointed
committee chairs will take office on
January 2, to coincide with the FCYC’s
fiscal year, but shall have access
immediately after election to all
necessary records for purposes of
planning and budgeting.
4.4 The following actions require
authorization by the membership at a
membership meeting, and can only be
considered if the membership has been
informed of the proposed action at least
30 days before the meeting:
a. Borrowing of new or additional
funds: May be acted on at any
meeting or special meeting, and
requires for approval a two-thirds
majority of the voting members
present.
b. Disbursement from the Capital
Account: May be acted on at any
meeting or special meeting, and
require for approval a simple
majority of the voting members
present.
c. Amendments to the Constitution:
May be acted on at any meeting or
special meeting, and require for
approval a two-thirds majority of
the voting members present.
4.5 Members with complaints or
suggestions about FCYC operations
should address them in writing to the
Board of Governors, or to the
Secretary, or should request in writing
an appearance before the Board of
Governors.
ARTICLE V
ANNUAL ELECTIONS
5.1 The Board of Governors shall appoint a
committee of three (3) voting members
in good standing to be known as the
Nominating Committee. It shall be
their responsibility to propose a list of
4
 nominees for officers and members of
the Board of Governors for the ensuing
year. The nominations are to be posted
at the FCYC at least thirty (30) days
before the November meeting and
mailed to all members. All nominees
will be contacted to ensure their
willingness to serve before the
presentation of the slate. Additional
candidates may be nominated by
members in good standing. All such
candidates shall be contacted
previously to ensure their acceptance, if
elected.
5.2 The Nominating Committee
Chairperson will preside over the
election. A simple majority of the total
voting membership in attendance will
carry the vote. In case of a tie, the
voting will continue until the tie is
broken. If there are unusual
circumstances involved in the election
not covered by specific By-laws, the
Board of Governors will make
appropriate decisions as outlined in
Article VII, Section 7.3.
6.4 Secretary
ARTICLE VI
OFFICERS
6.1 The elected officers of the FCYC shall
be Commodore, Vice Commodore,
Fleet Captain, Secretary, and Treasurer.
6.2 The Commodore shall be the senior
officer. If the Commodore is absent or
unable to serve, the next officer in line
of succession shall act temporarily in
the capacity of senior officer.
6.3 Commodore
a. To be elected Commodore, the
nominee shall have served at least
one year on the Board of
Governors.
b. The Commodore shall preside at all
FCYC meetings and meetings of
the Board of Governors, and shall
exercise all the usual functions of
the office. The Commodore shall
appoint from the voting
membership all committee
chairpersons (standing and ad hoc)
and define their duties as necessary.
c. No Commodore shall serve more
than two consecutive terms as
Commodore. When a
Commodore’s term of office ends,
he or she shall serve on the Board
of Governors until the retirement of
the succeeding Commodore.
d. The Commodore shall have the right
to spend up to $500 per item for
needs too urgent to await the next
Board meeting, without approval by
the Board of Governors. However,
each such expenditure must be
reported to the Board at its next
meeting.
a. The Secretary shall notify the voting
membership of all semi-annual or
special membership meetings, and
shall notify each member of the
Board of Governors of all Board
meetings. These notices are to be
given not less than three days prior
to the meeting, except where the
business to be considered requires a
30-day notice.
b. The Secretary shall make and keep a
true record of all proceedings of
meetings of the Board of Governors
and the FCYC, shall have custody
of all papers of the FCYC, and shall
5
 exercise the other usual functions of
the Secretary.
6.5 Treasurer
a. The Treasurer is charged with the
collection and the custody of the
funds of the FCYC. The Treasurer
shall render a report in writing to
the Board of Governors whenever
they request it, and shall make a
written report to the membership at
each semi-annual meeting.
b. The Treasurer shall be bonded to an
amount determined by the Board of
Governors. The bond to be paid by
the FCYC.
ARTICLE VII
BOARD OF GOVERNORS
7.1 Membership of the Board
a. The Board of Governors shall consist
of the FCYC officers (Commodore,
Vice Commodore, Fleet Captain,
Secretary, Treasurer); three (3)
members elected from the voting
membership, and the immediate
Past Commodore.
b. The Board has the power, at its
discretion, to remove any of its
members for misconduct (by a two-
thirds majority) or for failure to
attend two of any three consecutive
meetings. In the case of a vacancy
for any cause, the Board may
appoint a replacement to serve until
the next annual election.
7.2 Meetings of the Board
a. The Board shall meet at least four
times a year. Additional meetings
may be held at the request of the
Commodore or of three members of
the Board.
b. The quorum will be five members.
The Commodore votes only in case
of a tie.
7.3 Powers and Duties of the Board
a. The Board is empowered to make
rules and regulations for the
grounds, waterfront and docks, and
for all other matters not addressed
in this Constitution.
b. The Board is empowered to interpret
this Constitution and to interpret
FCYC Rules and Regulations. In
all such matters of interpretation,
the Board’s decision is final unless
overturned in accordance with
Article II, Section 2.4(a)(4).
c. The Board is empowered to suspend
or terminate a member for
misconduct, and, in accordance
with the notification procedures of
Article III, Section 3.4, to suspend
or terminate a member for failure to
pay dues, assessments, or other
debts to the FCYC and for violation
of the By-Laws, Rules and
Regulations.
d. All checks in excess of $500.00 must
be signed by the Commodore and
the Treasurer, unless one of the
above is unable to do so for any
reason, in which case the Vice
Commodore may sign in his or her
absence. The Board has the
authority to refinance debts as it
deems appropriate, but may not
borrow new or additional funds
without the approval of the
membership, as specified in Article
IV, Section 4.4(a).
6
e. The Board oversees the Capital
Account, monies for which may be
set aside by any of the following
procedures:
1) The membership (slip) transfer
fee paid by new members shall
be deposited in this account.
2) The Board may deposit in this
account surplus monies
remaining at the end of a fiscal
year.
3) Donations and bequests may be
designated for deposit in the
account; or the voting
membership or the Board may
approve other means for
provisioning this account.
Monies deposited in this account
are dedicated to supporting major
improvements in the FCYC
property. Disbursements from this
account require the authorization of
the Board of Governors.
f. At each meeting of membership, the
Board shall report, through its
Commodore and Treasurer, on the
financial condition of the FCYC.
As part of its report, it shall render
an end-of-year financial statement
for the preceding fiscal year.
g. The Board of Governors shall also
have the authority to:
• Set minimum prices for
memberships.
• Act as the agent for any transfer
of membership.
• Collect and manage all fees,
dues and assessments.
• Set rules of operation and
conduct of membership.
• Accept or deny applications for
membership.
• Prepare annual budgets.
• Expend FCYC funds for the
operation and maintenance of
facility.
• Supervise the election of new
officers and changes to the By-
Laws.
• Act as the arbitrator of disputes
between members.
ARTICLE VIII
AMENDMENTS
8.1 The Constitution may be amended at
any meeting or special membership
meeting, provided the voting
membership has been notified of the
proposed amendment by the Secretary
at least 30 days prior to the meeting.
8.2 Amendments may be proposed by the
Board of Governors or by individual
voting members. Any proposed
amendment must be endorsed by the
signatures of at least three voting
members in good standing.
8.3 During the meeting, changes in
language or content may be made
provided they do not change the scope
of the amendment, but any changes
must be approved by a two-thirds
majority of the voting membership
present. An amendment is effective
immediately upon approval, unless the
amendment specifies another effective
date.
8.4 The final amendment must be approved
by a two-thirds majority of the voting
membership present. Provided,
however, that amendments to the
Ground Rules and Waterfront
Regulations may be amended by the
7
 Board of Governors as provided in
Article VII, Section 7.3(a).

ARTICLE IX
DISSOLUTION

9.1 Upon the dissolution and liquidation of

the FCYC, after payment of all
liabilities to creditors or real estate
taxes, the assets of the FCYC then
remaining shall be equally divided
among all members in good standing of
the FCYC. If at the time such
obligations are to be paid to a member
pursuant to the provisions of this
Section, the member is deceased, such
obligation shall be payable to person(s)
entitled to receive the properties of
such deceased member under the
provisions of such member’s will, or,
the applicable laws of intestate
succession.

8
 FCYC GROUNDS RULES
1. A membership entitles the member,
his/her spouse, and minor children to
all privileges of the Club as specified in
the Constitution and By-Laws.
2. Vulgarity, profanity, or indecent
language and actions will not be
tolerated on the grounds or piers; at all
times members and their guests are
expected to conduct themselves as
Ladies and Gentlemen.
3. Members and guests are expected to
present a respectable appearance at all
times.
4. Do not strew paper or debris on FCYC
property. Containers provided must be
used for trash disposal. If you see
things lying around, please pick them
up.
5. Do not throw garbage or debris
overboard, including lubrication oil of
any kind.
6. Any person breaking fixtures,
equipment, or otherwise damaging
FCYC property is strictly responsible
for same.
7. The FCYC is not responsible at any
time for fire, theft, accidents, or loss of
money or personal property.
8. All guests must be accompanied by
members when using the FCYC’s
facilities. If a member abuses his/her
guest privileges, these privileges may
be revoked by the Board of Governors.
9. Minors are not permitted to consume
any alcoholic beverages of any kind.
This will be enforced rigidly. Members
and parents will be responsible for any
violation of the liquor laws by their
children and guests.
10. Any loud and boisterous noises will not
be tolerated.
11. All transient boats must notify the Fleet
Captain or a FCYC Officer upon
arrival.
FCYC
WATERFRONT REGULATIONS
1. The fueling of boats at the FCYC is
strictly prohibited. This is a safety,
environmental, and insurance issue.
There are no exceptions to this rule.
2. All boaters are asked to observe a 6
MPH maximum speed limit (no wake)
in both directions between the FCYC
and the Severn River channel.
3. All members and visitors requiring
temporary dockage must notify the
Fleet Captain or a FCYC Officer
before, or upon arrival.
4. All boaters temporarily moored in a
slip must leave it and all slipholder’s
dock lines, electrical cords, hoses, etc.
as found. Visitors are requested to use
their own equipment.
5. All boaters should tie up in such a way
that they do not block any other boat
from free and unrestricted movement.
Any exceptions must be authorized by
the Fleet Captain or his representative.
6. No one may board any boat for any
reason without the owner’s permission
except in cases of extreme emergency.
9
7. The discharge of toxic materials
overboard or disposal of such materials
anywhere on FCYC grounds is strictly
forbidden. Used oil, fuel, toxic
antifreeze, or any other toxic substance
must be removed from FCYC property
and disposed of at an approved
recycling facility.
8. All dogs, while not aboard their
owner’s boat, must be on a leash and
under control of the owner at all times.
9. Bare feet on the docks and grounds are
strongly discouraged. For safety
reasons, protective footgear is
encouraged.
10. No crabbing is permitted between the
hours of 9 PM and 6AM.
11. Children on the docks shall be under
adult supervision and control at all
times. Children under the age of
twelve not accompanied by an adult
must wear an approved life jacket when
on or near the docks and bulkheads.
Running is not permitted on the docks
at any time.
12. All boaters should respect the rights of
their neighbors. All audio equipment
(radios, stereos, TV’s, VHF CB, etc.)
shall be kept at low volume and turned
off when the boat is not occupied. No
loud or boisterous behavior will be
tolerated.
13. FCYC assumes no liability or
responsibility for damage to or theft of
any boat or its equipment and
inventory, or personal injury to its
occupants, while the boat is docked at
FCYC.
14. Only routine maintenance and repair
may be performed on the boat. No
extensive repairs or painting may be
performed on the boat without the
consent of the Fleet Captain.
15. All members must present proof of
liability insurance with minimum
coverage of $300,000 for their boat and
maintain a current Certificate of
Insurance with the FCYC each year so
long as he/she is a member. A VALID
CERTIFICATE MUST BE IN THE
POSSESSION OF THE FCYC FLEET
CAPTAIN AT ALL TIMES.
Likewise, if a member exercised his/her
right to sublet a slip in accordance with
Article II, Section 2.4(a)(1), it shall be
the member’s responsibility to provide
proof of insurance to the FCYC.
Failure to comply with this Article will
subject the member to action by the
Board, in accordance with Article III,
Section 3.4 and Article VII, Section
7.3.
DINGHY STORAGE POLICY
If you wish to store your dinghy, canoe,
or small boat in the FCYC dinghy
storage area, you must complete an
application (available from the
Secretary) and pay a fee of $32.50
annually.
POLICY FOR NOTIFICATION
OF
MEMBERSHIP SALE
All members shall notify the FCYC
Board if they desire to sell their equity
membership. Upon notification of a
proposed sale, the FCYC Secretary
shall notify all members and the “Non-
10
member Notification List” of the
details of the sale.

If a non-member wishes to be notified

when a FCYC slip is for sale, they must
make a written request to the Secretary
of the FCYC to be placed on the “Non-
Member Notification List.”

11