Homebuilders Association of Washington County Constitution and By Laws
 

 

Constitution and By-Laws of the Home Builders Association of Washington County
CONSTITUTION
Article I
Sec. 1 The name of this Association shall be the Home Builders Association of Washington County Ohio.
Sec. 2 The principal office of this Association shall be located at Marietta, Ohio, or such other place as the Board of Directors may from time to time designate.
Article II
(Territorial Jurisdiction)
Sec. 1 This Association shall operate for the benefit of home builders and those engaged in allied industries, in Washington County, Ohio and surrounding areas.
Article III
(Objectives)
Sec. 1 This association shall operate as an affiliated Association of the National Association of Home Builders.
Sec. 2 The objectives of this association shall be:
  1. To associate home builders for the purpose of mutual advantage and cooperation.
  2. To cooperate with all branches of the home building industry including manufacturers, dealers, and financial institutions within said jurisdiction for the purpose of mutual advantage and for the benefit of the industry as a whole.
  3. To comply with all laws, federal, state and local; and to promulgate and abide by the Code of Ethics to ensure that the industry will continue to enjoy the high esteem of the public.
  4. To secure cooperative action consistent with the Laws of its territorial jurisdiction, State of Ohio and the United States, in accomplishing the proper objectives of the Association; and proper consideration of the opinions upon questions affecting the home building industry within the jurisdiction of this Association.
  5. To assist in the accomplishment of the mutual objectives of the National Association of the Homebuilders of the United States.
  6. To assist officers, Board of Directors and Membershi0 Committee of the National Association of Home Builders of the United States in qualifying members operating within the above described territorial jurisdiction.
  7. To participate for the purpose of mutual benefit in an interchange of information and experience with all other local affiliated associations of the National Association of Home Builders in the United States.
  8. To operate without profit and no part of the income of the Association shall enure to the benefit of any individual member.
Article IV
(Code of Ethics for Active Members)
Sec. 1 The active Members of this Association shall be limited to those persons and firms who shall subscribe to the following Code of Ethics:
  1. Members of the Home Builders Association of Washington County believe and affirm that:
    1. Home ownership can and should be within the reach of every American family.
    2. American homes should be well-designed, well-constructed, and well-located in attractive communities, with educational, recreational, religious and shopping facilities accessible to all.
    3. American homes should be built under the free American enterprise system.
  2. To achieve these goals, we pledge allegiance to the following policies:
    1. Our paramount responsibility is to our customers, our community and our country.
    2. Honesty is our guiding business policy.
    3. High standards of health, safety and sanitation shall be built into every home.
    4. Members shall deal fairly with their respective employees, sub-contractors and suppliers.
    5. As members of a progressive industry, we encourage research to develop new materials, new building techniques, new building equipment and improved methods of home financing, to the end that every home purchaser may get the greatest value possible for every dollar.
    6. All sound legislative [proposals affecting our industry and the people we serve shall have our informed and vigorous support.
    7. We hold inviolate the free enterprise system and the American Way of Life, We pledge our support to our associates, our local, state and national associations and all related industries concerned with the preservation of legitimate rights and freedoms.
  3. We assume these responsibilities freely and solemnly, mindful that they are a part of our obligation as members of the Home Builders Association of Washington County, Ohio.
Article V
(Amendments)
Sec. 1 This Constitution may be adopted or amended by a vote of one-half (1/2) of the Builder Members present at any meeting, and provided further that a copy of the proposed amendments shall have been mailed to each member of the Association not less than five days prior to the meeting at which action is to be taken thereon.
BY-LAWS
Article I
(Membership)
Sec. 1 Membership in this Association shall be of three classes:
  1. Builder Membership
  2. Associate Membership
  3. Honorary Membership
Sec. 2 Qualifications for Membership in this association shall be as follows:
  1. Builder Membership shall be open to any person, firm or corporation whose principal business is the residential and/or commercial construction of housing within the territorial jurisdiction of this Association and who shall agree to abide by the provisions of the Constitution and By-Laws (any any amendments thereof), who shall subscribe to the foregoing Code of Ethics and who shall meet with the approval of the Membership Committee and the Board of Directors.
  2. Associate Membership shall be open to any person, firm or corporation engaged in any allied trade, industry or profession within the territorial jurisdiction of this Association who shall meet with the approval of the Membership Committee and the Board of Directors.
  3. Honorary Membership for which persons shall be designated by the Board of Directors of this Association from time to time for distinguished and unique service to the home-buying public and/or this Association. The length of the membership will be set by the Board.
Sec. 3 Applications for Membership in this Association shall be made to the Membership Committee and processed in the following manner:
  1. Candidate shall submit his application in writing on a form supplied by this Association containing an agreement to abide by the By-laws and observe the Code of Ethics of this Association.
  2. Application shall be endorsed by at least one Member in good standing and shall be accompanied by a payment in an amount sufficient to cover the current years dues in full in advance. All payments so made shall be returned in full if membership is not approved.
  3. The Membership Committee shall investigate all applications for membership and make their recommendations to the Board of Directors in whom shall be vested the exclusive right to elect membership.
  4. When elected to membership in this Association, application automatically becomes a member of the National Association of Home Builders and the Ohio Homebuilders Association.
Sec. 4 Suspension, Termination, Reinstatement and Transfer of Membership in this Association shall be accompanied in the following manner:
  1. Any member whose dues are not paid in full within three (3) months after they become due and payable will be dropped from membership.
  2. Any member may be censured, suspended or expelled from the Association, if in the opinion of the Board of Directors, as evidenced by a vote of two-thirds (2/3) of the entire Board of Directors at any meeting that may vote upon the matter, it shall be considered desirable or for the best interests of the Association or its members that the said member be censured, suspended or expelled.
  3. A vote of two-thirds (2/3) of the entire Board of Directors shall be required to reinstate any member who has been expelled or suspended pursuant to the provisions of this Section.
  4. Any member so expelled shall not be eligible for reinstatement for a period of not less than one year from the date of expulsion. (Optional)
Sec. 5 Meetings and Membership shall be held as follows:
  1. An annual meeting of the membership of this Association shall be the second Tuesday of November each year or at such other time as may be selected, for the purpose of electing Board of Directors and reviewing the affairs of the Association for the past year.
  2. Regular meetings of the membership of this Association shall be held the second Tuesday of each month or such other time as may be selected.
  3. Special meetings of the membership of this Association may be called at any time by the President or the Board of directors.
  4. Notice shall be given of the date, hour and place of all meetings in writing to each member at least four days in advanced or as the Board of Directors sees fit. (This pertains to regular meetings).
Article II
(Fiscal Year)
Sec 1. The fiscal year of this Association shall be the calendar year.
Article III
(Initiation Fee and Dues)
Sec. 1 There will be no initiation fee charged by this Association.
Sec. 2 The dues of this Association shall be payable annually in advance at the time application is made for membership As determined by Board of Directors.
Sec. 3 Dues for membership in the National Association of Home Builders Association of the United States and the Home Builders Association of Ohio shall be paid by this Association from its Treasury at the rate fixed and under the terms stated in the By-laws of this Association. (or amendments thereto currently in effect).
Article IV
(Membership Card and Emblem)
Sec. 1 Each member shall receive a membership card and certificate annually upon the payment of dues for the current year in such form as the Board of Directors shall prescribe.
Sec. 2 This Association shall use on all its stationary and literature the official emblem of the National Association of Home Builders.
Sec. 3 Members of this Association may use on their stationary and literature the Official emblem of the National Association of Home Builders of the United States.
Article V
(Board of Directors)
Sec. 1 A Board of Directors of not more than 14 in number shall be elected from the governing body of this Association. It shall be elected by the Membership at the Association's Meeting held every two (2) years starting November of 1993 and shall hold office for two (2) years beginning January 1, or until successors are elected and qualified.
Sec. 2 Qualifications for Board of Directors
  1. To qualify to serve on the Board of Directors , and individual must have been a member of this organization for no less than one year.
  2. To qualify to serve as an officer of this organization, the member must have served on the Board of Directors for one year.
Sec. 3 The President, Vice President, Secretary, Treasurer, Executive Officer, and Immediate Past President shall be ex-officio members of the Board of Directors will full voting powers and shall come from within the 14 Board Members. Te term of office shall be for two (2) years.
Sec. 4 The President shall be Chairman of the Board of Directors.
Sec. 5 Vacancies on the Board occasioned by death or resignation, shall be filled by appointment of the President, the person so appointed shall serve until the next Annual Meeting of the Membership.
Sec. 6 National Director - One Builder Member of the Board of Directors shall be elected at their Annual Meeting to represent each fifty (50) Builder Members (or fractional part thereof) of this Association on the Board of Directors of the National Association of Home Builders, in accordance with the By-Laws of that Association. One Alternate Director shall also be elected as prescribed herein to act as outline above in the absence of the National Director.
Sec. 7 Meetings of the Board of Directors shall be held as follows:
  1. Regular meetings of the Board of Directors shall be held on a quarterly basis or such other time as the Board may direct.
  2. Special meetings of the Board of Directors may be called by the President or upon formal request in writing of five of its members.
  3. For regular meetings of the Board of Directors, notice of the date, hour and place of all meetings must be given to the Directors at least five (5) days in advance.
Article VI
(Officers)
Sec. 1 The following Officers shall be elected in November at the Association Meeting and shall hold office for a term of two (2) years beginning January 1, or until their successors are elected and duly qualified.
  1. A President, who must be a builder, shall be the chief officer of this Association and shall preside at its meetings and those of the Board of Directors and Executive Committee. The President shall be the Official Spokesman of this Association in matters of public policy. The President shall appoint all committees, shall be an ex-officio member of all committees, and shall perform all other duties usual to such office.
  2. A Vice-President, who must be a builder, shall in the absence of the President, or upon his direction, perform all of the duties of the President . The Vice President shall also serve on the Executive Committee.
  3. A Treasurer, who can be an Associate member, shall be responsible to the Association for an accounting of all monies collected and disbursed by the Association and shall render a quarterly report to the Board of Directors and a quarterly report to the membership. The Treasurer shall also serve on the Executive Committee and serve as Chairman of the Finance Committee.
  4. A Secretary, who can be an Associate Member, shall keep a record of all of the official proceedings of this Association and its Board of Directors including the reports of special committees. The Secretary shall serve on the Executive Committee.
Sec. 2 The following Administrative Officers and staff may be employed by the Board of Directors at such rate of compensation as they deem fair and proper.
  1. An Executive Officer who shall serve as the chief administrative head of this Association. Duties: It shall be the duty of the Executive Officer to supervise the entire staff and perform such other duties as may be delegated by the Board of Directors or the President, and all other duties usual to such office. The Executive Officer shall be empowered to employ an adequate staff to carry on the business of this Association as instructed by the Board of Directors, at such rates of compensation as the Executive Committee may deem fair and proper, within the limitations of the annual budget.
  2. A General Counsel, who shall be attorney-at-law, licensed to practice within the territorial jurisdiction of this Association and who shall advise the officers, Directors, and committees of this Association in legal matters, may be employed by the Board of Directors.
Article VII
(Voting, Proxies, and Quorums)
Sec. 1 The voting privilege shall be limited as follows:
  1. At meetings of the Membership of Builder Members and Associate Members in good standing shall have the right to vote. Firms, corporations or partnerships holding a builder Membership or Associate Membership shall be entitled to only one (1) vote to be cast by a duly designated representative.
  2. At meetings of the Board of Directors only members of the Board, including ex-officio members, shall have the right to vote.
Sec. 2 Votes may be cast by proxy in the following manner:
  1. Any member entitled to vote, may, by an instrument in writing beating a date not more than thirty (30) days in advance of the Meeting designate another Director to vote for him in his place and stead at any meeting of the Board of Directors.
Sec. 3 A Majority Vote on any measure will be determined as follows:
  1. A vote of majority of the members present at any meeting of the membership shall carry any measure provided the number of members in attendance at the meeting constitutes a quorum.
  2. A vote of majority if the Directors shall carry any measure provided the number of Directors in attendance at the meeting constitutes a quorum.
Sec. 4 A quorum present at any meeting shall be determined as follows:
  1. A quorum of the Membership shall consist of not less than one-third (1/3) of the Builder Members of this Association.
  2. A Quorum of the Board of Directors shall consist of not less than one-half (1/2) of its members.
Article VIII
(Elections)
Sec. 1 The Nominating committee shall:
  1. Solicit and consider the recommendations of the membership, both the Builder and Associate, as to candidates for each office and for the directorships to be filled.
  2. Present their report on Nominations of the Officers and Board of Directors one month prior to elections of officers by the membership held every other year.
Sec. 2 Additional Nominations may be made from the floor. If there are none made, the nominations shall be considered closed.
Sec. 3 Vote shall be taken by secret ballot, or by voice vote and the candidate receiving the most votes for the office shall be considered elected.
Sec. 4 In the event that more than two candidates are nominated for any one office, a majority of the members voting shall be necessary to elect. In the event that such majority is not obtained, then a second vote shall be taken upon the two leading candidates.
Article IX
(Committees)
Sec. 1 There shall be the following committees:
  1. The Board of Directors shall conduct the affairs of the Association in accordance with the Constitution and By-Laws. It shall be the policy and steering committee of this Association, and shall be responsible for establishing a budget for financing the Association, and for all matters of policy and public statement.
  2. The Nominating Committee shall be composed of five (5) Members appointed from the Membership of this Association by the President, with the approval of the Board of Directors, at least thirty (30) days in advance of the Annual Meeting of the Membership. The immediate Past president and the current President shall be two of the five members of this committee.
  3. The Membership Committee shall be composed of five (5) or more members, both Builder and Associate, and shall meet upon call of the Chairman. Three members shall constitute a Quorum. In addition to building the membership it shall have the responsibility of investigating all applications for membership and recommending action to the Board of Directors.
  4. The Finance Committee shall be composed of five (5) members and shall meet upon the call of the Chairman. Three (3) members shall constitute a Quorum. This Committee, in cooperation with the Board of Directors shall be charged with raising adequate funds to insure the proper functioning of the Association's staff and activities. The Treasurer shall be Chairman of the Committee.
  5. The Legislative Committee shall be concerned with advancing the objectives of this Association before this municipality, the State Legislature and, as the occasion arises, to assist the National Association with objectives of the NAHB before the administration and Congress of the United States. This committee will be composed of three (3) members, one f whom shall be appointed Chairman by the President.
  6. Other Committees. There shall be such other committees as may be designated by the Board of Directors or the President. The members of which shall be appointed by the President.
Sec. 2  Where the President does not appoint complete committee personnel, each committee shall appoint the members of his Committee.
Article X
(Finance)
Sec. 1 Dues and other monies collected by your Association shall be placed in a depository selected by the Board of Directors, and payments from the funds of this Association shall be made on the signature of the Treasurer.
Where deemed necessary by the Board of Directors for special projects, another depository may be set up.
Sec. 2 The Board of Directors shall adopt a budget for each calendar year, and this Association shall function within the totals of such a budget. Any expenditure in excess of such budget must be authorized by the Board of Directors.
Sec. 3 There shall be an annual audit of the finances of this Association by an Audit Committee appointed by the President. In case of question by 25% of the Board of Directors, the books and finances will be audited by a Public Accountant. The audit, together with a report from the Treasurer, shall be submitted to the Board of Directors.
Article XI
(Notices)
Sec. 1 Members shall furnish the Executive Officer with their addresses and the mailing of any notice to such address shall be deemed service of such notice or notices upon them as of the date of mailing of the same.
Article XII
(Rules of Procedure)
Sec. 1 Roberts Rules of Order shall govern the procedure of all meetings of the Association.
Article XIII
(Amendments)
Sec. 1 These By-Laws may be adopted or amended by a vote of one-half (1/2) of the membership at any meeting provided the number of members in attendance at such meeting constitutes a Quorum, and provided further that a copy of the proposed amendments shall have been mailed to each member of the Association not less than five (5) days prior to the meeting at which action is to be taken thereon.
REVISED AND ADOPTED OCTOBER 12, 1993
Tim Strahler, President
Jane Diehl, Secretary
Charles Pugh, Executive Officer
     


Homebuilders Association of Washington County

PO Box 1048, Marietta, Ohio 45750
Phone: (740) 749-3536
Fax: (740) 749-3552
Email: info@wchomebuilders.com 

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