Northeast Builders

NEBA Bylaws

BYLAWS

NORTH EAST BUILDERS & REMODELERS ASSOCIATION OF MASSACHUSETTS, INC.

(NEBA)

ARTICLE I

(NAME and LOCATION)

SEC. 1.     The name of this Association shall be the North East Builders Association of Massachusetts, Inc., on all legal documents & banking – at NAHB the name shall be The North East Builders & Remodelers Association of Massachusetts.*

SEC. 2.     The principal office of the Association shall be located at: 170 Main Street, Suite 205, Tewksbury, MA  01876, or such other place as the Executive Committee may designate from time to time.

ARTICLE II 

(Territorial Jurisdiction)

SEC. 1.     The Association shall operate for the benefit of home builders and those engaged in allied industries in the following cities/towns:  Pepperell, Groton, Dunstable, Tyngsborough, Westford, Littleton, Acton, Carlisle, Chelmsford, Lowell, Dracut, Tewksbury, Billerica, Wilmington, Andover,  Methuen, Lawrence, North Andover, Haverhill, Groveland, Georgetown, Boxford, Rowley, Newbury, West Newbury, Merrimac, Amesbury, Salisbury and Newburyport.

ARTICLE III

(Objectives)

SEC. 1.     This Association shall operate without profit as an affiliated Association of the National Association of Home Builders and the Home Builders & Remodelers Association of Massachusetts.*

(a)     Associate home builders within the above-described jurisdiction for the purpose of mutual advantage and cooperation.

(b)     Co-operate 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.

(c)     Maintain high professional standards and sound business methods among its members through the enforcement of its code of ethics.

(d)     Secure co-operative action in advancing the common purposes of its members; uniformity and equity in business usage and laws; and proper consideration of opinion upon questions affecting the home building industry within the jurisdiction of this Association.

(e)     Assist in the accomplishment of the mutual objectives of the National Association of Home Builders of the United States and the Home Builders & Remodelers Association of Massachusetts.*

(f)      Assist the Officers, Board of Directors, and Membership Committee of the National Association of Home Builders of the United States in qualifying members operating within the above described territorial jurisdiction.

(g)     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 of the United States and the Home Builders & Remodelers Association of Massachusetts.*

(h)     To serve, advance, and protect the welfare of the Home Building Industry in such a manner that adequate housing will be made available by private enterprise to the communities in the above described territorial jurisdiction.

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)     MEMBERS shall constantly seek to provide better values, so that an even greater share of our people may enjoy the benefits of home ownership.

(b)     MEMBERS shall strive to develop the efficiency of the home building industry to the end

that labor may receive its just and proper reward.

(c)   MEMBERS shall at all times contribute their knowledge in home building to the best interest of those they serve.

(d)   MEMBERS shall not knowingly enter into any contract, the terms of which are designed to

imperil the rights to either labor or the suppliers of materials to receive a fair return for services of goods furnished.

(e)   MEMBERS shall not obtain any business by means of fraudulent statements or by use of implications unwarranted by fact or reasonable probability.

(f)   MEMBERS shall comply both in spirit and letter with rules and regulations prescribed by law and government agencies for the health, safety and progress of the

community.

(g)  MEMBERS shall be alert to examine proposed or enacted State and Local legislation detrimental to social, economic and political progress.

(h)   MEMBERS shall not perform, or cause to be performed, any act which would tend to reflect on, or bring into disrepute, any part of the home building industry.

 

ARTICLE V

(Membership)

SEC.  1.    MEMBERSHIP in this Association shall be of two classes:

(a)     BUILDER MEMBERSHIP

(b)     ASSOCIATE MEMBERSHIP

(c)     AFFILIATE MEMBERSHIP

SEC. 2.     QUALIFICATIONS for membership in this Association shall be as follows:

(a)   BUILDER  MEMBER Any individual who is or has been in, or employed by a firm

or corporation in the business of building or remodeling of homes, apartments, schools, commercial, industrial, or other structures normally related and appurtenant to a community, or in land development and is of good character and business reputation, shall be eligible to be a builder member provided such individual, or the firm or corporation which employs him or her, is in the above described business.     

(b)   ASSOCIATE  MEMBER Any individual who is or has been in or employed by a firm or  corporation engaged in the trade, industry, or profession related to the business of building or remodeling of homes, apartments, schools, commercial, industrial, or other structures normally related and appurtenant to a community and is not inconsistent with the objectives of the Association or any of its Affiliated Local Associations, Chapters, or State Associations and is of good character and business reputation shall be eligible to be an associate member provided such individual, or the firm or corporation which employs him or her and is engaged in a trade, industry, or profession described above.

(c)    AFFILIATE MEMBER Any individual who is an employee of a firm represented by abuilder or associate member of the North East Builders & Remodelers Association   shall be eligible to be an affiliate member.

SEC.  3.     APPLICATIONS for Membership in this Association shall be made to the Membership Committee and processed in the following manner:

(a)     Candidate shall submit his/her application in writing on a form supplied by this Association containing an agreement to abide by the Bylaws and observe the Code of Ethics

of this Association.

(b)     Application shall be endorsed by at least one Member in good standing and shall beaccompanied by a payment in an amount sufficient to cover the current year’s dues in

advance, or any alternate payment schedule as approved by the Board of Directors. All payments so made shall be returned in full if membership is not approved.

(c)     The Membership Committee shall investigate all applications for membership and make their recommendations to the Board of Directors in who shall be vested the exclusive right to elect membership.

(d)     When elected to membership in this Association, applicant automatically becomes a

member of the National Association of Home Builders and the Home Builders & Remodelers

Association of Massachusetts.*

ARTICLE VI

(a)     SEC. 1.     The Annual dues shall be set by a vote of the Board of Directors

SEC. 2.     All yearly dues shall become due and payable on the anniversary date.

SEC. 3.     Dues, assessments and other charges unpaid after they are due and payable shall render a

member not in good standing.  Such delinquent members shall be deprived of all the

rights of membership and may be dropped by action of the Board of Directors.

ARTICLE VII 

The fiscal year of this Association shall be January 1, to December 31.  

ARTICLE VIII

SEC. 1.     The officers of this corporation shall be a President, Two Vice Presidents*, Secretary, and Treasurer.  There shall be a Board of Directors consisting of the Secretary and Treasurer, who shall be members of the Board by virtue of their office, and as many members as the total membership indicates, as specified in Article XIII, of whom a majority must be builder members.  Said Secretary, Treasurer and Board of Directors shall be elected at the Annual meeting and shall serve for a term of one year or until their successors are elected.

The Board of Directors shall elect a President and Two Vice Presidents from the membership. President and Vice Presidents shall serve for a term of one year or until their successors are elected.  Any vacancies in any of these offices shall be filled for the unexpired term by vote of the Board of Directors at a special meeting called for that purpose.

SEC.  2.     If a Director is absent from three (3) consecutive Directors’ meetings without good cause during a fiscal year, he may be removed from the Board by a vote of the Board.

SEC.  3.     A Board member may attain the status of a Life Director if he serves as a member of the Board for ten (10 years which do not have to be consecutive, and is voted and approved by the Board of Directors.  As a Life Director he must attend 50% of the meetings to retain voting privileges and membership dues shall be current to remain as a Life Director.

SEC. 4.     Honorary Director – Election to such status must be by approval and vote of the Board.  If a Life Director retires from any business association with the building industry, he is entitled to be considered an honorary director.  If a Life Director moves out of the area and does not retain his membership in NAHB he cannot be considered for honorary directorship, but he can if he maintains his NAHB membership.

SEC. 5.     Before a member is eligible to serve on the Board of Directors, the member must be a member in good standing for at least one year.  The Board may waive this requirement with a two-thirds vote.

ARTICLE IX

(Duties of the Officers)

SEC. 1     The President shall preside at all meetings of the corporation and at the Board of Directors and may counter-sign all proper orders, notes, mortgages, checks or vouchers for the payment of money for the corporation.

SEC. 2.     One of the Vice Presidents, designated by the President, shall preside at meetings of the corporation and of the Board of Directors in the absence of the President and in case of death, resignation, disqualification, refusal or neglect of the President to discharge the duties of his office, then the designated Vice President shall perform all the duties incumbent upon the office of the President until such time as an election can be held to fill the office of the President.

SEC. 3.     The Treasurer shall be the custodian of all the funds of the corporation and shall deposit the same in the name of the corporation in such banks as the Board of Directors may designate.  He/she shall keep books of accounts which shall at all times be open to inspection by the Board of Directors or such persons as they may designate.  He/she shall render a statement of the financial conditions of the corporation to members at every meeting and once a year in writing to the Board.  He/she shall sign and present to the President for his signature all checks, orders or vouchers for the payment of money from the funds of the corporation, and together with the 

President, he/she shall sign all deeds, notes, bonds, mortgages and all other written instruments in the name of the corporation.  The Board of Directors shall function within the totals of such a budget.  Any expenditure in excess of such budget must be authorized by the Board of Directors.  The Treasurer, shall upon his/her resignation or removal from office, deliver to the Board of Directors, all property of the corporation in his/her possession and all bank books and other memoranda relating to the affairs of the corporation.  (The Office of Treasurer may be held by a Builder Member or an Associate Member.) **

SEC. 4.     The Secretary shall be custodian of the records of the corporation.  He/she shall keep full and complete records of the minutes of the meetings of the corporation which minutes shall be at all times open to inspection by the Board of Directors.  He/she shall also act as Secretary to the Board of Directors, keeping full and complete records of their meetings.  He/she shall not exhibit these records to any member of the corporation unless authorized to do so by vote of the Board of Directors.  Upon his/her ceasing to be Secretary for any purpose or reason, he/she shall deliver said records to his successor in office.  (The Office of Secretary may be held by a Builder or an Associate Member.)

SEC. 5.     Subject to, and without prejudice to the powers reserved to the general meeting of the corporation, the Board of Directors shall have the sole and entire management of the corporation and of the income and property thereof and shall have the sole and exclusive right of nominating and appointing such assistance and committees they may deem necessary or useful to the corporation.  The powers to be reserved to the general membership of the corporation and not to be exercised by the Board of Directors and the powers to make, alter or amend the Bylaws of the corporation and the power to regulate conditions of membership in the corporation.  These powers are to be exercised only at a meeting, the notice for which shall contain a statement of any such intended action.

SEC. 6.     At the discretion of the Board of Directors, the Executive Officer may countersign checks along with the Treasurer and or a board member assigned by the treasurer.

ARTICLE X

(Meetings)

SEC. 1.     The Annual meeting of the Association and the Board of Directors shall be held each year the time and place to be designated by the Board of Directors. A written notice of the date, time and place of each annual and special meeting describing the purposes of the meeting shall be given to the members no fewer than 7 nor more than 60 days before the meeting date.

SEC. 2.     (a)  The Board of Directors meetings shall be held monthly on the second Thursday of each month.

(b) Regular general membership meetings of the Association shall be held monthly on the fourthThursday of each month, except during July and August, and at such time and place as the Board of Directors my designate.

SEC. 3.     Special meetings of the Association maybe called by the President or by a majority of the Directors.  Any call for a special meeting shall state the purpose, time, and place of the meeting and a notice shall be given to the members no fewer than 7 nor more than 60 days before the meeting date.

SEC. 4.     1/3 of members in good standing shall constitute a quorum at all Directors meetings.

SEC. 5.     Fifteen percent (15%) of all members in good standing shall constitute a quorum at all regular membership meetings. 

ARTICLE XI 

SEC. 1.     The regular standing committees of the Association shall be:

(a)     EXECUTIVE

(b)     FINANCE

(c)     MEMBERSHIP

(d)     PROGRAM OF ACTIVITIES

(e)     OTHER COMMITTEES, as may be found necessary or desirable for the welfare of the Association by the Board of Directors or the President.

SEC. 2.     The Chairman and members of all committees shall be appointed by the President.  Vacancies in committees shall be filled by the President.

SEC. 3.     The President of the Association shall be ex-officio member of all committees.

SEC. 4.     All actions of committees shall be subject to the approval of the Board of Directors.

SEC. 5.     At committee meetings, a majority of the committee shall constitute a quorum, except that when a committee consists of more than nine members, five shall constitute a quorum.

ARTICLE XII 

ROBERTS’S RULES OF ORDER, latest edition, shall be recognized as the authority governing all  meetings and conferences when not in conflict with the By-Laws of the Association.

ARTICLE XIII 

On or before the fourth Wednesday in April of each year, the President of the Association, with the approval of the Board of Directors shall appoint a Nominating Committee of at least five active members of the Association.  It shall be the duty of the Nominating Committee to select at least one nominee for the following officers:

SECRETARY           and          TREASURER

The committee may select a nominee for the Board of Directors for each ten members in the Association.  Example:  If the membership is 150, the Nominating Committee may nominate 15 Board of Director members.  In any event, there are not to be less than nine nominees nominated to the Board of Directors.  The Nominating Committee will then report such nominations by mail to all members of the Association at least fifteen days prior to the annual meeting which is to be held in the spring.

ARTICLE XIV 

These Bylaws may be amended by an affirmative vote of two thirds of the members in good standing present at any meeting of the Association, provided that such amendment shall have been approved first by the Board of Directors of the Association, and provided further, that at least twenty days notice, in writing shall have been given to the members of the Association of the intention to amend the Bylaws, together with a copy of the proposed amendment

NORTH EAST BUILDERS & REMODELERS ASSOCIATION OF MA, INC  

COMMITTEE MEETING/REGARDING LIFE DIRECTOR

RECOGNITION

JANUARY 23, 2014, FOUR OAKS CC, DRACUT, MA

COMMITTEE OUTLINED THE LIFE DIRECTOR STATUS AND PROPOSED THE FOLLOWING, TO RECOGNIZE THE ACTIVE LIFE DIRECTOR

 

A.   LIFE DIRECTORS (non-voting status) . . . . .   dues paying Life Directors who do not                                                                                 attend at least three Board meetings per

year.  (As per NEBA by-laws

B.   LIFE DIRECTORS (voting status) . . . . .          dues paying Life Directors who meet the

attendance requirements of three Board

meetings per year.

 

C.   LIFE “ACTIVE” DIRECTORS . . . . .             dues paying Life Director who attends, at

least six Board meetings during the year.

Board meetings may be local, state or

national.

D.   LIFE “ACTIVE” DIRECTORS . . . . .              dues paying Life Directors who meet the

(eligible for recognition)                                      “Active” criteria for a period of five years.

E.   RECOGNITION TO INCLUDE . . . . .              individual gift to Life Directors who qualify.  Master plaque to hang in the NEBA  office, recognizing those individuals.

recognition to be given in increments of

ten years, ( 20 yrs., 30 yrs., etc.)

F.  HONORARY LIFE DIRECTOR                       any life director who retires or leaves a  company but would like to remain a  member may do so for a special rate.  This member will be an affiliate member of NAHB which means they                                                                                     will have no voting rights.

*Approved 1-23-2014

**Due to the logistics of the location of the office and the volunteer position of the treasurer, the executive officer will invoice all members accordingly and make deposits to the local bank as the payments come in to the office.

The executive officer will be 1 signer on the checking account; the treasurer shall assign 1 other board member in good standing to be a signer in addition to him/her. All money spent not allocated in the budget must be approved by the treasurer.