By-Laws
of Hood County Builders Association
Adopted
May 18, 1988 - Amended July 1990 - Amended February 1992 -
Amended
January 2001
ARTICLE I -Name and Location
Sec. 1. The name of the association shall be
the Hood County Builders Association.
Sec. 2. The principal location of the office
of the association shall be located at Granbury, Texas, or such other place as
the Board of Directors may from time to time name.
ARTICLE II -Territorial Jurisdiction
Sec. 1. The association shall
operate for the benefit of builders, sub-contractors, and persons or firms and
corporations engaged in allied trades, industries, businesses and professions
in the county of Hood, of the State of Texas.
ARTICLE III- Objectives
Sec. 1. The objectives of this
association shall be:
(A) To associate building tradesmen
operating within Hood County for the purpose of providing those living in the
Lake Granbury area or surrounding counties with adequate shelter of high
quality and sound construction.
(B) To work for the advancement of all
branches of the building industry including manufacturers, dealers, retailers,
suppliers, and financial institutions doing business in Hood County in the
manner beneficial to the individuals, builders, sub-contractors, manufacturers,
distributors, and other businesses associated with the building industry in
this area.
(C) To make and enforce a Code of Ethics
to maintain high professional standards and sound business methods among its
members.
(D) To promote the common purpose of its
members; equity in law; and proper consideration of opinions on questions
affecting the building industries in the jurisdiction of this association.
(E) To operate without profit.
(F)
Actively promote trade between members of the
association wherever possible.
ARTICLE IV -Code of Ethics
Sec. 1. All members of this
association shall agree to observe and be bound by the following Code of
Ethics:
(A)
Be
honest and fair in all of my business dealings. Use sound business practices in
both construction techniques and financial matters.
(B)
Strive
to improve the craftsmanship, safety, and working conditions of my industry
through education and training.
(C) Serve the general public to the best
of my ability in my line of endeavor.
(D) Work constantly for constructive
industry legislation.
(E)
Promote a constructive program for the betterment &
availability of housing for all economic levels.
ARTICLE V -Membership
Sec. 1. Membership in this
association shall be of three classes:
(A) Builder Membership
(B) Associate Membership
(C) Honorary Membership
Sec. 2.
(A)
Qualifications
for membership in this association shall be as follows: Builder Membership
shall be open to any person, or executive of a firm or corporation, whose
principal business is the construction of commercial building, housing and/or
remodeling, within the jurisdiction of this association, who shall
(1)
have been in business for two (2) years
(2)
agree to abide by the provisions of the By-Laws
(3)
subscribe to the foregoing Code of Ethics
(4) meet with the approval of
the Membership Committee and Board of Directors.
(B) Associate Membership shall be open
to any person or executive of a firm, partnership or corporation engaged in any
allied trade, industry or profession within the jurisdiction of this
association who shall
(1)
have been in business for one (1) year
(2)
agree to abide by the provisions of the By-Laws
(3)
subscribe to the foregoing Code of Ethics
(4) meet with the approval of
the Membership Committee and Board of Directors.
and being such firms or
business and professions as Attorneys, Bankers, Title Companies, Suppliers of
Material, Land Developers, Surveyors, and Sub-contractors, but not limited to
only the type of business or professions named.
(C)
Honorary
Membership shall be open at the discretion of the Board of Directors to any
person who has distinguished himself or herself by meritorious service to the
building industry. Such Honorary members shall be exempt from the payment of
any and all fees and dues and shall have no interest in any property of the
association and shall have no vote.
Sec.
3. A member of any
classification shall be considered in good standing if dues have been paid
current and shall have no unanswered complaints properly registered with the
Secretary of the association. The association will only record complaints and
refer them to the member for response. It will be member's responsibility to
respond and notify the association of response.
Sec.
4. Application for membership in this
association shall be made in the following manner to the Membership Committee:
(A)
The candidate shall submit
his application in writing on a form supplied by this association containing an
agreement to abide by the By-Laws and to observe the Code of Ethics of this
association.
(B)
Application shall be
endorsed by at least one (1) member in good standing and applicant shall remit
payment in full for the current dues in advance. All payments so made shall be
returned in full if membership is not approved.
Sec.
5. The Membership Committee
shall investigate all applications for membership and make their
recommendations to the Board of Directors who shall have the exclusive right to
elect to membership.
Sec.6.
Suspension, Termination, and Reinstatement
of membership in the association shall be accomplished in the following manner:
(A)
Any member may be
censured, suspended, or expelled from the association if, in the opinion of the
Board of Directors, as evidenced by two-thirds (2/3) entire Board vote of such
members of the Board at any meeting that may vote upon this matter, it shall be
considered desirable for the best interest of the association or its members
that the said member be censured, suspended or expelled. If a member of the
Board of Directors is to be considered for censure, suspension, or to be
expelled, the entire board may be deemed complete to vote in the absence of the
subject Director .
(B)
A vote of two-thirds (2/3)
of the entire Board of Directors shall be required to re-instate any member who
has been suspended or terminated pursuant to the provisions of this section.
(C)
Any member in good
standing may request consideration of the Board to censure, suspend or expel
another member.
(D)
Honorary Membership may be
censured, suspended or terminated at the discretion of the Board of Directors.
Sec.7 Meeting of the membership shall be held as
follows:
(A) An annual meeting of the membership of this association
shall be held each year in the month of November for the purpose of reviewing
the affairs of the association for the past year.
(B) Regular or Special meetings of the membership of this
association shall be held at such times and places designated by the Board of
Directors.
(C) Regular meetings of the entire membership shall generally
be on the third Thursday of each month at a time and place to be determined by
the Board of Directors. Members agree to pay the designated cost of any meals
consumed at monthly meetings unless provided for in another manner such as
sponsorship of a meal but not restricted to this.
Sec.
8. Dispute Resolution -The Association and
its Board of Directors shall not make any attempt to intervene in any disputes
between members and their customers or prospective customers and shall not act
in any way other than to forward any complaints or responses to either a member
or their customer. The association Directors shall offer no opinion on behalf
of the association in regards to any dispute other than to acknowledge they
have either been received, responded to, and resolved, or any combination of
the above. Members would be expected to report any resolutions or responses to
complaints not resulting in resolutions to the association Secretary within two
(2) weeks of notification. Not responded from the member on complaints within 2
weeks of notice would make members subject to expulsion from the association.
ARTICLE VI -Fiscal Year
Sec. 1. The Fiscal Year of this association
shall be January 1st thru December 31st.
ARTICLE VII -Dues
Sec. 1. The dues of this association shall be
paid annually, in advance, no later than January 15th of each fiscal year at
the rates to be determined by the Board of Directors. Dues for new members
joining during the year may be prorated on a quarterly basis for the remaining
portion of the fiscal year. Pro-ration will be one-fourth (1/4) of full years
dues for each full quarter remaining in fiscal year, except that payments
during first month of any quarter are applied to that quarter. (Applies to New Members.)
Sec. 2
Fees and assessments may be charged by
the association for special services and functions (such as Showcase of Homes).
The amount of said fees to be set by the Board of Directors.
ARTICLE VIII -Membership Certificate
Sec. 1. Each Member shall receive a membership
certificate annually upon payment of dues for the current year.
ARTICLE IX -Board of Directors
Sec. 1. The Board of Directors shall consist
often (10) members, and each shall hold office for two (2) years or until
successors are elected and qualified. Five (5) members will be elected each
year in order to have continuity and shall be the guiding body of the
association and shall direct its affairs in a manner as is customary and
according to law.
Sec. 2. Membership of the Board of Directors shall consist of the
following:
(A) Five (5) Builder members and five
(5) Associate members.
(B) Members to be elected by the general
membership annually.
(C) The immediate past President shall be a voting member of
the Board of Directors only in the case of a tie. This shall not apply if
immediate past President shall continue to serve, through election on the
Board.
Sec.
3. Vacancies on the Board caused by death,
resignation or for cause shall be filled by election of the Board. The person
so elected shall serve until the next annual meeting of the membership.
Sec. 4. Meeting of the Board
of Directors shall be held as follows:
(A) Regular meeting of the Board of Directors shall be held
monthly at a time and place to be set by the President of the Board.
(B) Special meeting of the Board of Directors may be called
by the President or upon formal request in writing of three (3) Board members.
(C) Attendance. If a member of the Board of Directors misses
three (3) consecutive meetings without a valid excuse in the opinion of the
Board, he/she will be notified that he/she is terminated unless absences shall
be caused by illness, or if Board member has notified either the President or
Secretary of their designee of their inability to attend meeting within two (2)
hours of such meeting, in which case they still may be subject to termination.
ARTICLE X -Officers
Sec. 1. The following officers shall be
elected by the Board of Directors, and shall hold office for a term of one (1)
year from the date of the election, or until their successors are elected and
duly installed.
(A) President who shall be Chief Officer of this association
and shall preside at its meetings and those of the Board of Directors. The
President shall be the official spokesman of this association in matters of
public policy, subject to the approval of the Board of Directors. The President
shall appoint committees, and shall be a member of all committees, and shall
perform all other duties assigned to him/her by the Board of Directors, and
such other duties usual to such office.
(B) Vice President who shall, in the
absence of the President, or upon the
President's direction, perform all the duties of the President.
(C) Associate Vice President who shall in the absence of the
President and Vice President, or upon the President's direction, perform all
the duties of the President. The Associate Vice President shall also represent
the associates in the association.
(D)
Treasurer who shall be
responsible to the association for the accounting of all moneys collected and
disbursed by the association and shall render a monthly statement to the Board
of Directors plus an annual operating statement and balance sheet.
(E) Secretary or his/her designee who shall keep a record of
all the official proceedings of this association and its Board of Directors
including all committee reports submitted. The Secretary or his/her designee
shall be responsible for the annual membership directory and the monthly
correspondence including the membership newsletter.
ARTICLE XI -Voting, Proxies, and Quorum
Sec. 1. The voting privilege
shall be exercised as follows:
(A)
At meetings of the membership,
only Builder and Associate members in good standing shall have the right to
vote. (See Article~Sec. 3.)
(B)
At meetings of the Board
of Directors, only the members of the Board and the immediate Past President
shall have the right to vote.
Sec. 2. Voting by proxy will not be allowed by this
Association.
Sec. 3. A majority vote on any measure will be
determined as follows:
(A)
A simple majority of the Builder and Associate members
present at any general membership meeting shall carry any measure provided
there is a quorum present. A quorum shall consist of 25% of the membership of
the Association in good standing. A simple majority vote of the Directors shall
carry a measure at a Board of Directors meeting, provided a simple majority of
the Board is present representing a quorum. A quorum shall be five (5)
Directors.
ARTICLE XII -Elections
Sec. 1. The Nominating Committee
shall:
(A)
Prepare an official
ballot showing at least five (5) Builders names plus spaces for write-in
candidates and five (5) Associate names plus spaces for write-in candidates
before October Board meeting.. Because of any changes that may occur from time
to time, the number of candidates should be twice the number of open positions
in each class of membership. Numbered ballots shall be mailed to all members in
good standing thirty (30) days prior to the Annual meeting of this Association,
and election shall be by secret mail ballot.
The newly elected board of
Directors shall meet with the President presiding immediately before the Annual
meeting of this Association for the purpose of nominating and electing the
officers for the coming year. The Nominating Committee shall submit a list of
Officers for consideration to the new Board of Directors.
Elections for Officers will
take place prior to November 30th of each year. An attempt will be made to present the slate of candidates at the
regular October monthly
meeting.
ARTICLE XII -Committees
Sec. 1. There shall be the
following standing committees:
(A) The Nominating Committee shall be composed of three (3)
Builder members and two (2) Associate member from the general membership
appointed by the President. The President shall be one of the five (5)
Committee members.
(B) Other Committees. There shall be such other Committees as
may be designated by the Board of Directors, the members of which shall be
appointed by the President.
Sec.2. When the President does
not appoint complete Committee personnel, then each Committee Chairman shall
appoint the members of his/her Committee. These appointments may come from
either Builder or Associate members, and will not be limited only to members of
the Board of Directors.
ARTICLE XIV -Finances
Sec. 1. Dues and other moneys
collected by the Association shall be placed in a depository selected by the
Board of Directors, and payments approved by the Board of Directors of payment.
Treasurer shall be authorized to sign withdrawals on items approved by the
Board with the signatures of two (2) of the following, The President, the Vice
President , the Associate Vice President,
the Treasurer, and the Secretary. In the event that the two (2)
signatures are not available, withdrawals will be approved by the Board.
ARTICLE XV -Notices
Sec. 1. Members shall furnish
the Secretary with their official address. The mailing of any notice to such
address shall be deemed service of such notice to them as of the date of mailing
the same. If members have an e-mail address, he/she shall be encouraged to
provide that to the Association.
ARTICLE XVI -Amendments
Sec.1. The By-Laws of this
Association may be amended by the recommendation of the Board of Directors and
subject to their approval of a simple majority of Builder and Associate members
present at any general membership meeting provided a quorum is present.