ARTICLES OF ASSOCIATION

Articles of Association of the Owners of Apartments and Chalets of the Haut-Plateau of Crans-Montana (APACH)

Article 1
Named “Association des Propriétaires de Chalets et d’Appartements du Haut-Plateau de Crans-Montana”, an association is formed within the meaning of articles 60 and following of the Swiss Civil Code. The headquarters of the Association are in Crans-Montana, in the commune of Chermigon.

Article 2
The association is a public interest body. Its main aim is to defend the interests of chalet and apartment owners in the region of Crans-Montana. It ensures the harmonious development of the resort and of the Haut-Plateau of Crans-Montana. For this purpose, the association carries out all activities of benefit to its members.

Article 3
Any natural person who is the owner of a chalet or apartment in Crans-Montana and whose application is approved by the committee may be a member of the association.

The term chalet or apartment owner includes the owner of shares in a legal entity giving entitlement to the occupation of housing, as well as all property-owning limited companies. In the latter case, the company may be represented by a director or by any authorised natural person.
Membership is restricted to owners or rights holders as defined above who are not resident on the Haut-Plateau of Crans-Montana.

Article 4
Members are free to leave the association at any time. The member must give written notice to do so at least three months prior to the ordinary general meeting.

Article 5
Exclusion may be ordered by the committee, following a warning issued to members:

  • who no longer satisfy the conditions of article 3
  • who seriously undermine the interests of the association
  • who are under notice to pay their contribution
  • for just cause.

Article 6
The organs of the association are:

  • the general meeting
  • the committee
  • the auditors

Article 7
The general meeting meets in ordinary session once a year, in the Christmas holiday period.
It meets in extraordinary session at the behest of the committee or at the request of one fifth of its members. In the latter case, the request must be sent in writing to the committee and contain the proposed agenda.

The general meeting is convened ten days in advance, either by personal letter or via posters displayed in tourist offices.
It is chaired by the president of the committee, or failing this by another committee member.

The president appoints the secretary who may be chosen from outside the ranks of the association.

Each member has one vote. A member may be represented by another member or a third party in possession of power of attorney specially drawn up for the meeting. A member may not represent more than two other members.

The general meeting takes its decisions based on a majority of members present and represented.

Elections are decided on the basis of an outright majority in the first round and a relative majority in the second.

Article 8
The general meeting has inalienable rights:

  • to adopt and revise the articles of association
  • to elect committee members
  • to elect the president from committee members
  • to appoint auditors
  • to pass judgment on the committee’s annual report, the annual accounts and the auditor’s report
  • to set the amount of the membership fee and annual contribution
  • to dissolve the association

Article 9
The committee consists of between five and nine members elected for a period of two years. Committee members are immediately re-eligible.
If there is a vacancy on the committee, a replacement may be co-opted by the committee. Their term of office expires at the same time as that of other members.

Committee members must be members of the association. However, two of them at most may be chosen from outside.

In the event of a tied vote, the president has the casting vote. The committee appoints the vice-president.

Article 10
The committee manages the affairs of the association. It reports to the general meeting on all matters of interest to the association.
It establishes and maintains appropriate relations with all local people occupying positions of responsibility in order to defend the interests of the association.

Article 11
The association is validly bound by the joint signature of the president, or failing this the vice-president, and one other committee member.

Article 12
The general meeting appoints an auditor for a period of two years, immediately re-eligible.

Article 13
The association’s funds comprise membership fees, annual contributions, and donations and bequests.

Article 14
The financial year begins on 1st October and ends on 30 September.

Article 15
The association’s assets are the sole guarantee of its obligations.

Members are exempt from any personal liability.

A member who withdraws or is excluded has no rights to the association’s assets.

Article 16
Dissolution of the association may be decided by the general meeting.

It must be approved by a majority of two thirds of members present or represented, forming at least one half of all members. If these conditions are not met, dissolution may be decided by the majority of members present or represented at the following ordinary general meeting.

Article 17
In the event of dissolution, the final general meeting shall attribute the assets of the association, where possible, to an institution on the Haut-Plateau, or to the société de développement de Crans-Montana, with a view to achieving similar aims.

Article 18
The present articles of association were adopted by the constitutive meeting held on 29 March 1997 in the office of notary Me Charles-André Bagnoud in Crans-Montana.