Home | Directors | Membership | Rules | Bylaws | Principles | Prospectus | FAQ | Contact | Map
_________________________________________________________________________________

 

BYLAWS OF THE EAST KAUAI WATER USERS' COOPERATIVE

A Hawaii Agricultural Cooperative (HRS Chapter 421)

 

TABLE OF CONTENTS

ARTICLE 2. MEMBERS.

2.01. Qualifications. The membership of the Corporation shall consist of owners, lessees, occupants, or users of lands located in the Lihue District or Kawaihau District, Kauai, Hawaii, who: are producers of agricultural products; use water from the water system; agree to be members of the Corporation; and meet such qualifications as may be prescribed by the Board. At its sole discretion, the Board of Directors may limit and close membership based on the carrying capacity of the irrigation system. All applications for membership must be approved by the Board of Directors. Member status is effective as of the time the Board approves the application for membership.

2.02. Proof of Membership. No person shall exercise the rights of membership in the Corporation until satisfactory proof has been furnished to the Secretary that he, she or it is a member.

2.03. Membership Certificates. The Board of Directors may provide for the issuance of certificates evidencing membership in the Corporation which shall be in such form as may be determined by the Board. The name and address of each member and the date of issuance of the certificate shall be entered on the records of the Corporation maintained by the Secretary. If any certificate shall become lost, mutilated or destroyed, a new certificate may be issued therefore upon such terms and conditions as the Board may direct.


2.04. Member Address. Upon admission each member shall promptly furnish to the Secretary an address ("record address") to which the Corporation may mail or deliver any and all notices, demands or documents required or permitted to be mailed or delivered by these Bylaws or the Articles of Incorporation (herein called the "Articles"), or by law or otherwise. In the event of a member's failure to furnish such address, the member's record address shall be deemed to be the address listed on the County of Kauai's Real Property Tax Assessment card for the member's Lot or Unit. Notwithstanding a member's assignment of membership rights to a vendee under an agreement of sale, all notices, demands or documents required or permitted to be mailed or delivered by these Bylaws or the Articles, or by law or otherwise, may be sent to the member at the member's record address, and it shall be the member's responsibility to deliver or communicate such notice, demand or document to the member's vendee or lessee. Any notice, demand or document shall be deemed duly and properly given or sent by the Corporation if given or sent to the member as aforesaid, notwithstanding the failure of the member's vendee or lessee to receive the same.

2.05. Membership List. The Corporation shall use good faith efforts to keep an accurate and current list of the names and addresses of members. A current copy of the list shall be provided directly to the members on a periodic basis.

2.06. Members Voting Rights. Each member shall be entitled to a combined vote of one (1) vote for each one (1) million gallons per year of water allocated to the member. Provided, however, that no member shall be entitled to exercise a vote greater than forty percent (40%) of the total vote of all members.

TABLE OF CONTENTS

_________________________________________________________________________________
Home | Directors | Membership | Rules | Bylaws | Principles | Prospectus | FAQ | Contact | Map