Constitution and By-Laws of the Home Builders Association

Constitution and By-laws of the Home Builders Association of Northern Kentucky (revised 12/09/08 4/14/08)

CONSTITUTION

ARTICLE I

NAME AND LOCATION

Section 1.

The name of this Association shall be the Home Builders Association of Northern Kentucky.

Section 2.

The principal office of this Association shall be located at Covington, ErlangerErlanger, Kentucky, or such other place as the Board of Directors may from time to time designate.

ARTICLE II

TERRITORIAL JURISDICTION

Section 1.

This Association shall operate for the benefit of home builders and those engaged in allied industries in the Counties of Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Kenton, Mason, Owen, and Pendleton and Robertson, in the State of Kentucky.

ARTICLE III

Section 1.

This Association shall operate as an affiliated Association of the Kentucky and National Association of Home Builders.

Section 2.

The objectives of this Association shall be:

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

(b) 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.

(c) To maintain high professional standards and sound business methods among its members through the enforcement of the Code of Ethics and industry Performance Standards. (September 2007).

(d) To secure cooperative action in advancing the common purpose of its members and proper consideration of opinion upon questions affecting the home building industry within the jurisdiction of this Association.

(e) To assist in the accomplishment of the mutual objectives of the National Association of Home Builders of the United States and the Home Builders Association of Kentucky..

(f) To 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) 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, as well as the Home Builders Association of Kentucky.

(h) To operate without profit and no part of the income of the Association shall ensure to the benefit of any individual member.

ARTICLE IV

CODE OF ETHICS

Section 1.

The active members of this Association shall be limited to those persons and firms who shall subscribe to the following Code of Ethics:

Members of the Home Builders Association of Northern Kentucky believe and affirm that:

(1) Home ownership can and should be within the reach of every American family.

(2) American homes should be welldesigned, 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 enterprise system.

(4) Our paramount responsibility is to our customers, our community, and our country.

(5)  Honesty is our guiding business policy.

(6)  High standards of health, safety and sanitation shall be built into every home.

(7)  Members shall deal fairly with their respective employees, subcontractors and suppliers.

(8) As members of a progressive industry, we encourage research to develop new materials, new building techniques, new building equipment and improved methods of financing to the end that every home purchaser may get the greatest value possible for every dollar.

(9) All sound legislative proposals affecting our industry and the people we serve shall have our informed and vigorous support.

(10) 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.

(11) We assume these responsibilities freely and solemnly, mindful that they are part of our obligation as members of the Home Builders Association of Northern Kentucky.

ARTICLE V

AMENDMENTS

Section 1.

This Constitution may be adopted or amended by a vote of two -thirds (2/3) of the Builder members present at any meeting provided that the number of builder members in attendance at such meeting constitutes a quorum, and provided further that a copy of the proposed amendments shall have been sentmailed to each member of the Association not less than five (5) days prior to the meeting at which action is to be taken thereon.

BYLAWS

Of the

Home Builder Association of Northern Kentucky

ARTICLE I

MEMBERSHIP

Section 1.

Membership in this Association shall be of the following classes:

(a) Builder Membership, which shall include Registered Builders Members, Commercial Builders, Registered Remodelersr Members and Developer Members;

(b) Associate Membership, which shall include Suppliers, Subcontractors and Product/Service Providers;

(c) Affiliate Membership, which shall include employees of member companies, excluding the principal member of record;

(d) Honorary Life Membership, which shall be determined by the Board of Directors. (September 2007)

Section 2.

Qualifications for membership in this Association shall be as follows:

(a) Builder membership shall be open to any person, firm or corporation whose principal business is the building or remodeling of homes, apartments, schools, commercial, industrial or other structures normally related and appurtenant to a community and land development, within the territorial jurisdiction of this Association; who shall agree to abide by provisions of the Constitution and ByLaws; who shall subscribe to the a foregoing Code of Ethics of this Association and is of good character and business reputation; who shall abide by the rules and regulations of the Registered Builder and/or Registered Remodeler Program; and who shall meet with the approval of the Registered Builder/Remodeler Committee and the Board of Directors.

Builder Members, by virtue of their membership, shall become Registered Builders or Registered Remodelers in this Association, shall be entitled to all the rights and privileges thereto, and shall be bound by all the rules, regulations and industry standards as may be adopted or amended from time to time.

(b)  Associates and Affiliates Council Membership shall be open to any person, firm or corporation engaged in any allied trade, industry or profession operating within the territorial jurisdiction of this Association and who shall meet with the approval recommendation of the Associate Council’s Board of Governors and the Board of Directors.

(c)  Associate Council membership shall be the membership status afforded to suppliers, subcontractors associate orand product services providersaffiliate members who meet the criteria set forth in Article I, Section 2. b) and c). (September 2007) and who abides by the Council’s Code of Operations

(d) Affiliate Membership shall be open to any employee of a member company who is not the principal member of record.firm (September 2007)engaged in business unrelated to the building industry.

(ed) Honorary Membership shall be available only to those persons who shall be designated by the Board of Directors of this Association from time to time for distinguished and unique service of this Association and/or the home buying public. Honorary Llifetime membership may be designated by the Board of Directors for persons who have accumulated a minimum of twenty (20) years of membership and demonstrated a commendable level of service on behalf of the association during that tenure. (September 2007) may request same in writing and who have been a member of this Association for fifteen (15) years but who have not been engaged in a building industry related business for the past three (3) years.

(fe) Specialized Council Membership shall be open to those members who meet the following:s Bylaws.

(13) Land Development Council membership shall be open to any association member who is associated with or has an interest in the development of land for housing or other uses.

(24) Women’s Council membership shall be open to all any spouses and adult members of the immediate family of builder and associate members and spouses of firm members authorized by builder and associate members in good standing and active in the Home Builders Association of Northern Kentucky.

(3) Sales & Marketing Council membership shall be open to any association member who has an interest in furthering the objectives of the council.

Section 3.

Application for membership in this Association shall be made to the Registered Builder/Remodeler Committee or the Associates Council Board of Governors; whichever is applicable Membership Committee and processed in the following manner:

(a) Candidate shall submit his 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 (1) current builder member or council member in good standing.

(c) The President shall appoint a Registered Builder/Remodeler Committee which shall investigate all applications for builder membership and make its recommendations to the Board of Directors in whom shall be vested the exclusive right to elect to membership.

(d) Each Specialized Council shall investigate all applications for membership in its respective council. The Associates Council shall make its recommendations the Board of Directors for final

(ef) When elected to membership in this Association, applicant automatically becomes a member of the National Association of Home Builders and the Home Builders Association of Kentucky.

Section 4.

Suspension, Termination, Reinstatement and Transfer of Membership in this Association shall be accomplished in the following manner:

(a) Any member whose dues are delinquent as defined by the ByLaws of the National Association of Home Builders may be dropped automatically from membership in this Association.

(b) 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 for the best interests of the Association or its members that the said member be censured, suspended, or expelled. Councils may recommend to the Board of Directors that a member be suspended, censured or expelled members from their respective Councils under provisions set forth in the Council’s Code of Operations. Regulations; however, such action shall not be binding on the Board of Directors in whom shall be vested the exclusive right to censure, suspend or expel members from Association membership.

(c)

Upon the death or resignation of a member, such membership may be transferred for the balance of the membership year to another party designated by the personal representative of the deceased or by the resigning member with the approval of the Board of Directors.

(d) Any member so expelled from membership shall not be eligible for reinstatement for a period of not less than one (1) year from the date of expulsion.

Section 5.

Meetings of the membership shall be held as follows:

(a) An annual meeting of the membership in this Association shall be held in October each year or at such other time as may be selected, for the purpose of electing the Board of Directors of the Association and the Board of Directors of the Board of Governors of the Associates each Council and reviewing the affairs of the Association for the past year.

(b) Regular meetings of the membership of this Association shall be held monthly or such other time as may be selected.

(c) Special meetings of the membership of this Association may be called at any time by the President or the Board of Directors.

(d) Notice shall be given of the date, hour and place of all meetings in writing to each member at least five (5) days in advance.

ARTICLE III

MEMBERSHIP CLASSIFICATION AND DUES

Section 1.

Dues of this Association shall be renewable and payable annually. Any member, whether builder or associate, who engages in two or more industry businesses classified and defined as separate memberships of the association shall be responsible for the payment of the dues covering such classified and defined memberships.

The Board of Directors for the following classes of membership will determine dues:

(a) Builder Builder Member is defined as a Registered Builder or a Registered Remodelerin Article I, Section 2 or Developer.

(b) Developer a member firm engaged in the development of land only for residential commercial or industrial purposes.

(bc) Commercial Builder a member firm engaged in the building of commercial or industrial structures including shopping centers, offices or office centers, or other structures of a commercial nature.

(cd) General Any member, whether builder or associate, who engages in two or more industry businesses classified and defined as separate memberships of the association shall be responsible for the payment of the dues covering such classified and defined memberships.

(e) Associate Members - This classification shall include threetwo divisions. as follows:

(1) Suppliers One shall be those firms termed suppliers, including but not limited to manufacturers, distributors, financial institutions and utilities.

(2) SThe other division termed subcontractors and Product Service Providers, including but not limited to trade subcontractors, insurance agencies, Realtors, architects, engineers, and lawyers.

(3) Construction Consultant – companies that provide consulting services to consumers on residential home building, but do not qualify for Registered Builder/Remodeler classification.

(df) Affiliate -– is defined as employees of member companies, excluding the principal member of record. (September 2007)Those firms whose business is unrelated to the building industry including, but not limited to, motels, computer vendors, retirement services, newspapers.

(eh) Classification of Associate members, other than those designated in this section, shall be determined by the Board of Directors at the time application for membership is filed.

(f) The membership application fee may by waived for reinstatements up to 120 days after initial expiration.

Section 2.

Dues for membership in the National Association of Home Builders of the United States and the Home Builders Association of Kentucky shall be paid by this Association from its treasury at the rate fixed andunder the terms stated in the ByLaws of those Associations (or amendments thereto currently in effect).ARTICLE IV

MEMBERSHIP CARD AND EMBLEM

Each member shall receive a membership card and certificate annually upon payment of dues for the membership year in such form as the Boa