HBA Bylaws


BYLAWS

HOPKINS COUNTY HOME BUILDERS ASSOCIATION


ARTICLE I

(Membership)


Section 1. CLASSES OF MEMBERS- The Association shall have the following classes of members.  The designation of such classes and the qualifications of the members of such classes shall be as follows:


  1. REGISTERED BUILDER/REMODELOR MEMBER - Any individual, corporation, or firm, whose principle business is the construction of or remodeling of housing or facilities within the territorial jurisdiction of this Association and who shall agree to abide by the provisions of the Constitution, Bylaws (and any amendments thereof) and by the “Registered Builder/Remodelor” requirements/program, and who  subscribes to the Code of Ethics of this Association, provided such individual meets with the approval of the Board of Directors.  Registered Builder/Remodelor requirements are as follows:

  1. Be a member in good standing of the Hopkins County Home Builders Association and have successfully completed at least three (3) major construction projects (which can include remodeling projects) within the past two (2) years.

  1. Derive their principle income from the building or a related contracting industry for a period of no less than two (2) years.

  1. Be sponsored by a Registered Builder/Remodelor member in good standing.

  1. Offer, at least, a minimum written contract on all building and remodeling projects.

  1. Issue, at least, a one-year written limited warranty on all newly constructed projects.

  1. All members must carry Kentucky Workers’ Compensation Insurance and maintain liability insurance.  An annual certificate must be submitted verifying current insurance.

  1. Submit references from three (3) customers, three (3) suppliers or subcontractors, and one (1) financial institution.

  1. Submit to a conciliation program in an effort to resolve disagreements between a member and a customer.


  1. Complete a minimum of ten (10) hours of continuing education over a two (2) year period. Four (4) of these hours must be completed in the technical area of the construction industry and six (6) of these hours must be completed in the business management area of the construction industry.

  1. Attend a minimum of ten (10) general membership meetings of the Hopkins County Home Builders Association over a two (2) year period.

  1. Sign a Registered Builder/Remodelor agreement indicating continued compliance with all minimum standards.

  1. The Ethics and Conciliation Committee of the Hopkins County Home Builders Association, the Board of Directors, the Registered Builder/Remodelor Committee, and/or the Association and its members in any part or whole, may in no way be held liable for the decisions of, or judgments made by the Ethics and Conciliation Committee.

  1. If a Registered Builder/Remodelor member is subjected to conciliation three (3) times within a twenty-four (24) month period, and the Ethics and Conciliation Committee deems that it is in the best interest of the Association, it is within the power of the Ethics and Conciliation Committee to make a recommendation to the Board of Directors, that, this particular Registered Builder/Remodelor member be expelled from the Association.  

  1. Builders who apply for new membership and are accepted by this Association, shall be registered with the National Association of Home Builders as builder members, but must complete all requirements of the Registered Builder/Remodelor program within two (2) years or their membership will be canceled.

  1. ASSOCIATE MEMBERS - Any individual who is or has been engaged or employed by a firm or corporation engaged in a trade, industry, or profession related to building and not inconsistent with the objectives of this Association, who subscribes to the Code of Ethics of this Association and is of good character and business reputation, shall be eligible to be an associate member, provided such individual meets with the approval of the Board of Directors.

(c) HONORARY MEMBERS - Honorary membership into the Hopkins County Home Builders Association may be bestowed upon any individual who has performed outstanding duties and service to this Association, and or, the home buying public and is deemed worthy.  Fully retired Past-Presidents of this Association may petition in writing for such membership.  Honorary membership can be obtained only by unanimous approval of the Board of Directors.


Section 2.  ACCEPTANCE OF MEMBERS



  1. Applicants for membership shall apply in a form satisfactory to the Board of Directors, and meet such other requirements as the Board may from time to time prescribe.

  1. Applicants approved and accepted by this Association, upon payment of dues, shall be members of the National Association of Home Builders of the United States and Hopkins County Home Builders, and while in good standing shall be entitled to the full benefits, services and privileges of the respective Associations.


Section 3. SUSPENSION AND REVOCATION OF MEMBERSHIP



  1. The Board of Directors by a two thirds (2/3) vote may suspend or revoke the membership of any member:

  1. for failure to meet financial obligations to the Association or,

  1. for conduct detrimental to this Association.  The member shall be given at least thirty (30) days notice in advance of the meeting of the Board at which the vote is to be taken, and shall be afforded a reasonable opportunity to be heard.

  1. A vote of two thirds (2/3) of the Board shall be required to reinstate any membership suspended or revoked under this Section.  Reinstatement shall be subject to such terms and conditions as the Board may impose.


Section 4. MEETINGS OF THE MEMBERS



  1. An annual meeting of the membership of this Association shall be held in November each year, or at such time as the Board may designate, for the express purpose of electing the officers of the Association, a Board of Directors and taking up such matters as may properly come before the general membership.

  1. Regular meetings of the membership of this Association shall be held at such time as the Board of Directors may designate.

  1. Special meetings of the membership of this Association may be called by the President, or if requested in writing, by a majority of the members of the Board of Directors.

  1. Notice shall be given of the date, hour, and place of all meetings to each member at least four (4) days in advance.

ARTICLE II

(Dues)


Section 1. DUES - The dues of this Association shall be payable at the rate of:



  1. $355.00 a year for a Builder/Remodelor Member.



  1. $255.00 a year for an Associate Member.

  1. These dues shall include those required for membership in the National Association of Home Builders of the United States and Hopkins County Home Builders which this Association shall collect and remit in accordance with the requirements of the National and Hopkins County Association, as provided for from time to time.


ARTICLE III

(Board of Directors)


Section 1. COMPOSITION AND AUTHORITY - The Board of Directors shall be the governing body of the Association.  The Association at its Annual Meeting shall elect the Directors (President, Vice-President, Secretary/Treasurer, and Executive Officer), and a minimum of nine (9) and a maximum of twelve (12) Board Members, the majority of which shall be Builder members.  A Director so elected shall hold office for three (3) years from the date of election or until a successor is duly elected.  Directors must sit off the Board one (1) year after their term is finished, unless elected as officer.  The President will remain on the Board for an additional year.  Any Board member who misses four (4) board meetings per year maybe replaced by the Board.


Section 2. EX-OFFICIO MEMBERS - The President, Vice President(s), Secretary/Treasurer shall be ex-officio members of the Board of Directors with full voting privileges.


Section 3. CHAIRMAN - The President shall be the Chairman of the Board of Directors.


Section 4. VACANCIES - Vacancies on the Board because of disability, death, or resignation shall be filled by appointment of the President, subject to concurrence of a majority of the Directors.  A person so appointed will serve the unfilled term.


Section 5. NATIONAL (AND STATE) DIRECTORS - The Board shall prescribe the method of selection of any National (and State) Directors and Alternate Directors to which the Association is entitled under the provisions and conditions prescribed in the Bylaws of the National and Hopkins County Association.  The selection shall be made only from among the Builder membership.


Section 6. MEETINGS - Meetings of the Board of Directors shall be held as follows:



  1. Regular meetings of the Board of Directors shall be held at such time as the Board may direct.

  1. Special meetings of the Board of Directors may be called by the President or upon the request, in writing, of a majority of the Directors.

  1. Notice of the date, hour and place of all meetings shall be given to the Directors at least one (1) day in advance.


Section 7. VOTING - A simple majority vote shall decide an issue provided a quorum is present.



Section 8. QUORUM - The presence of one-half (½) of the Directors at a meeting shall constitute a quorum.



ARTICLE IV

(Elective Officers)



Section 1. The following Officers shall be elected by the membership at its Annual Meeting and shall hold office for a term of one (1) year from the date of election or until their successors are elected and duly qualified:



  1. A President, who shall be a Builder Member of the Association. The President shall be the Chief Officer of this Association and shall preside at its meetings and those of the Board of Directors.  The President shall be the spokesman of the 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.

  1. A Treasurer, who shall be responsible to the Association for an accounting of all monies collected and disbursed by the Association and shall render a (monthly) report to the Board of Directors and an annual report to the membership, and upon direction of the President, may perform other duties appropriate to this office.  A Secretary, who shall keep a record of all of the official proceedings of this Association and its Board of Directors, including the reports of committees and, upon direction of the President, may perform other duties appropriate to this office.


Section 2. SUCCESSION OF OFFICE




  1. In the event of the absence, disability, resignation, or death of the President, then the Vice President shall act as President of the Association.  Should neither the President nor the Vice President be able to serve for any of the foregoing reasons, then the Treasurer shall act as President.  If the Treasurer should be unable to serve for any of the forgoing reasons, (being the Treasurer is also the Secretary) if not, the Secretary shall act as President.  The Officer so designated to act as President shall serve until such time as the Board of Directors names from among its members a President to fill the unexpired term.

  1. In the event of a vacancy, other than in the office of the President, the Board of Directors shall name from among its members a successor to fill the unexpired term.


ARTICLE V

(Voting)



Section 1. All members of the Association in good standing shall be entitled to vote at meetings of the Membership except as may be provided in other Sections of the Bylaws.


Section 2. A simple majority vote shall decide an issue provided a quorum is present.  This section shall not apply to voting on amendments to these Bylaws.


Section 3. The presence of one-third (1/3) of the members in good standing at a meeting of the Membership shall constitute a quorum.



ARTICLE VI

(Elections)


Section 1. NOMINATIONS



  1. There shall be a Nominations Committee composed of the immediate past President and two (2) members appointed by the President.  Appointment shall be made and notice given to the membership at least one (1) calendar month in advance of an election.  The President shall designate the Chairman of the Committee.

  1. The Committee shall solicit the membership, consider recommendations, and shall nominate at least one (1) candidate for each office to be filled unless otherwise set forth in this Article.  The Committee may resolve questions relating to the nomination of candidates, suggest rules of procedures for the elections and upon direction of the President, perform other appropriate duties.


Section 2. ELECTIVE OFFICES



  1. The Association Officers and Directors shall be elected at the Annual Meeting of the Membership.  The Nominations Committee shall submit its report at such meeting.  Additional nominations may be made from the floor.

  2. Whenever only one nomination for an elective office is presented to the Membership, the election shall be by voice vote. Whenever more than one nomination is presented, vote shall be by secret ballot.  If more than two candidates are named for an office, a majority of the members voting shall be necessary to elect.  If no candidate receives a majority, a second vote shall be taken upon the two candidates.

ARTICLE VII

(Committees)


Section 1. The President with the advice and consent of the Board of Directors shall upon taking office, establish Standing Committees for the Association except as may otherwise be specifically provided for in these Bylaws.


Section 2. The Chairman and members of all committees of the Association shall be appointed by the President except as otherwise specifically provided in these Bylaws.


Section 3. A President may, with the advice and consent of the Board of Directors, remove the Chairman or members of any committee appointed pursuant to this article.


Section 4. Special committees may be appointed by the President as he may from time to time deem advisable.


Section 5. Meetings of all committees shall be upon the call of the Chairman with the approval of the President.


Section 6. A simple majority vote in the committee shall decide an issue provided a quorum is present.


Section 7. The presence of one-half (½) of the committee members at a meeting shall constitute a quorum.


ARTICLE VIII

(Budget)


Section 1. The fiscal year of the Association shall be the year commencing on the first day of January and terminating on the last day of December.


Section 2. The Board of Directors shall adopt a budget for each fiscal year, and this Association shall function within the total of such budget.  Any expenditure in excess of an approved budget must be authorized by the Board of Directors.



ARTICLE IX

(Rules of Procedure)

Section 1. Roberts’ Rules of Order shall govern the parliamentary procedure of the meetings of the Association provided for in this Bylaws.



ARTICLE X

(Amendments)


Section 1. These Bylaws may be amended by a two-thirds (2/3) vote of the Board of Directors at any meeting provided;



  1. The attendance at such meeting constitutes a quorum.

  1. That a copy of any proposed amendment shall have been mailed to each member of the Board at least thirty (30) days in advance.



ARTICLE XI


(Administrative Offices)


Section 1. An Executive Officer may be employed by the Board of Directors at such rate of compensation as it deems fair and proper.


Section 2. The Executive Officer shall serve as the Chief Administrative Officer of this Association.  The Executive Officer shall perform the duties and responsibilities delegated to him/her by the Board of Directors and all other functions usual to such office.


Section 3. The Executive Officer shall be empowered to employ or supervise an adequate staff to carry on the business of this Association as instructed by the Board of Directors.  The rates of compensation shall be those that the Board may deem fair and proper, within the limitations of the fiscal budget.



ARTICLE XII

(Membership Card and Logo)


Section 1. Each member shall receive a membership card or plaque annually upon the payment of dues for the current year in such form as the Board of Directors shall prescribe.


Section 2. This Association and members of this Association may use on their stationery and literature the official logo of the National Association of Home Builders of the United States.

ARTICLE XIII

(Members’ Address)


Section 1. Members shall furnish the Executive Officer with their official address.  The mailing of any notice to the last known official address shall be deemed service of such notice or notices upon them as of the date of the mail in.