Club By-Laws of North Flathead Yacht Club

ARTICLE I

Membership

Section 1: There shall be three classes of membership:
Charter, Regular and Honorary:

Charter Membership - Are the original members of the Club, who have each guaranteed $1,000.00 of the debt incurred to buy the property and to erect the facilities during the first year. Charter members shall have all the privileges of the regular members, and in addition, shall have priority in assignment of slips, parking spaces and other facilities over all other members.

Regular Membership - Shall be composed of those not eligible for other memberships. It shall include the spouse and all unmarried children under the age of twenty-five (25) years. Membership shall be limited to 140 Regular Members.

Honorary Membership - Honorary members shall be chosen upon a favorable vote of the Board of Directors. They shall be exempt from all dues and assessments of the Club. Honorary members shall retain their membership at the pleasure of the Board of Directors, and shall have all the privileges of the Club except voting or holding office and shall not be eligible for assignment of facilities.

Section 2: Qualifications: Any person of good moral character may be a member of the Club upon a favorable vote of the Board of Directors. Each candidate for membership must be sponsored by two members, in writing, upon his/her application. One sponsor, at least, will attend the meeting at which the application is considered. Officers or Board Members who sponsor a new member may not vote or be present for discussion when the Board considers the proposed member's application.

Section 3: Suspension: Any member guilty of violating any of the rules or regulations of the Club, or who is guilty of conduct unbecoming a gentleman or lady, may be fined, suspended, or expelled by the Board of Directors.

Section 4: Resignation: Any member who is in good standing, and not in arrears in his/her dues, may resign his/her membership by delivering a written notice of the desire to do so to the secretary, who shall report the same to the next meeting of the Board of Directors.

Section 5: Exception to membership limit: Where a couple who are members separate, each may continue to be a member by payment of dues. The next available membership opening will be assigned to one of the couple.

Section 6: Children of present members shall have priority in filling membership openings.

ARTICLE 11

Meetings

Section 1: The Annual Meeting of the Club for the election of officers and trustees, and for the transaction of such other business as may be properly presented, shall be held in the fall of each year.

Section 2: The Commodore shall call special meetings of the general membership at the written request of ten (10) members, or at his/her own discretion. The Secretary shall give notice of such special meeting by mailing each member of the Club, at least seven (7) days before the time fixed for the meeting, a notice of time and place of the meeting and the subjects to be acted upon.

Section 3: Ten (10) members of the Club appearing in person shall constitute a quorum for the transaction of business at any meeting.

Section 4: Voting at meetings of the membership shall ordinarily be by voice vote. The presiding officer or any member may call for a roll call vote on any issue other than adjournment, in which case the Secretary shall call the roll of the membership and "family unit voting" shall apply. Family unit voting is intended to recognize that the family is usually the participant in club activities rather than an individual, and that there may be divided opinion within a family on any given issue. Each family shall be entitled to one vote for each membership in the Club, but this vote may be split for purposes of a roll call vote so that spouses (or other significant persons) may each cast one-half vote on each issue even though each votes differently. Any person named on the membership roll or any spouse of such person shall have the right to require that the one vote be split.

ARTICLE III

Order of Business
Call to Order
Roll Call
Reading of the Minutes
Reports of Officers
Reports of Committees
Unfinished Business
New Business
Election of Officers
Miscellaneous
Adjournment

ARTICLE IV

Officers and Directors

Section 1: The officers of the Club shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore, a Secretary and a Treasurer, each of which shall be elected to a one year term and shall hold office until a successor is elected.

Section 2: The Board of Directors shall consist of the officers, the immediate past Commodore, and six Directors elected from the membership, each for a two year term, so arranged that three terms of directors expire each year.

Section 3: In the event of a vacancy in office of Commodore, the Vice-Commodore shall succeed to that position. A vacancy in any other office or position shall be filled by action of the Board of Directors.

ARTICLE V

Elections

Section 1: The Board shall appoint a Nomination Committee consisting of three regular members who are not officers or directors. The Nomination Committee shall have the: duty of preparing a slate of candidates for the positions to be filled. The Nomination Committee shall report its slate of candidates by publicizing them in the Newsletter at least twenty (20) days prior to the annual meeting of the membership. Nominations may be made from the floor at the annual meeting for each open position.

Section 2: An election of officers and of the three director positions shall be conducted at the annual meeting. Any member shall have the right to require that the election be conducted by written secret ballot.

ARTICLE VI

Meetings of Directors

Section 1: Directors meetings shall be at the call of the Commodore or the request of any three directors.

Section 2: Notice should be given by mail, e-mail or phone by the Commodore or Designee at least twenty-four (24) hours before the time set for the meeting.

Section 3: Fifty percent (50%) of the directors, appearing in person shall constitute a quorum for the transaction of business at any meeting.

Section 4: Voting- For any business motion to carry, a simple majority of the directors present shall be sufficient.

ARTICLE VII

Duties of Officers

Section 1: Duties of the Commodore The Commodore shall:

A. Take command of the fleet.

B. Take charge of the general operation of the club.

C. Preside at all meetings.

D. Make such appointments as are provided for in the By-Laws.

E. Call special meetings of the members at the written request of ten (10) members, whenever requested in writing by three (3) Directors, or whenever he/she deems necessary.

Section 2: Duties of the Vice-Commodore The Vice-Commodore shall:

A. Assist the Commodore in the discharge of the duties, and in his/her absence, or in the case of vacancy in the office of Commodore, he/she shall act as Commodore.

B. He/She shall be chairman of the race committee.

C. Appoint at least three (3) members for the Board of Directors to approve to serve on the race committee, before February of each year.

Section 3: Duties of the Rear-Commodore The Rear-Commodore shall:

A. Assist the Commodore and the Vice-Commodore in the performance of their duties, and in their absence to officiate in their place.

B. Be a member of the race committee.

C. Take charge of facilities maintenance.

Section 4: Duties of the Secretary The Secretary shall:

A. Keep a true record of the proceedings of all meetings of the Club and of the Board of Directors, in books provided for that purpose.

B. File all documents, deeds, mortgages, and communications connected with the business of the Club.

C. Attend to the Club's correspondence.

D. Keep a complete list of all yachts enrolled in the Club.

E. Shall notify all members of general membership meetings, and in the case of a special meeting, shall issue a notice to each member designating the purpose for which the meeting is called.

F. Notify applicants of their election to membership and furnish them with a membership packet which includes a copy of the bylaws.

G. Perform such other duties as are usually incumbent upon such office.

Section 5: Duties of the Treasurer The Treasurer shall:

A. Take custody of the funds of the Club.

B. Pay all bills properly contracted by the Club.

C. Render a full financial report of the Club at the annual meeting or when called upon to do so by the Board of Directors.

D. Perform such other duties as are usually incumbent on such office.

Section 6: Duties of the Fleet Captains Each Fleet Captain shall:

A. Execute the orders of the Commodore.

B. Verify the results of all races of his/her fleet.

Section 7: Duties of the Board The board shall:

A. Establish administrative policies and Club Rules and carry on the business and further the aims of the club.

B. Appoint standing committees and other committees as needed.

C. Have the power to make urgent decisions by a majority vote of the full board taken by mail, e-mail or telephone at the initiative of the Commodore.

D. Perform such other duties as specified in these By-Laws.

E. Approve an operating budget by January 31 of each year.

ARTICLE VIII

Committees

Section 1: Race Committee - The race committee shall consist of at least five (5) active members of the Club, including the Vice-Commodore and the Rear-Commodore. This committee shall have the power to postpone any race should unfavorable weather or other cause, render such action desirable; shall arrange for and have complete control of and manage all races; and provide the necessary buoys and chase boats and see that they are placed in position before each race; shall arrange for and establish a race schedule before June of each year and to appoint fleet captains.

Section 2: Judges - The Chief Judge and the Judges for each class of yachts shall be appointed by the Commodore in May of each year and shall act as the protest committee when necessary. The Judges shall decide all questions that shall arise in the sailing of races of the Club, and shall have power to disqualify yachts that violate any rule of the Club, and their decision shall be final.

Section 3: Membership Committee - The Membership Committee shall be responsible for furthering the Club through greater participation by members. The sponsors shall play an active role in new member orientation. The Chairman of the committee will be a Board Member appointed by the Commodore. Additional duties may be assigned by the Commodore.

Section 4: Publicity Committee - The Publicity committee shall be responsible for furthering the Club through exposure to the news media. The Chairman of this committee will be a Board Member appointed by the Commodore. Additional duties may be assigned by the Commodore.

Section 5: Long Term Planning Committee - The Long Term Planning Committee is responsible for exploring future development and additions to the physical plant. Committee members are to be appointed by the Board of Directors and are not restricted to a specific term, but can be removed or replaced at the discretion of the Board of Directors.

ARTICLE IX

Privileges

Section 1: None but members and their families, and guests or visitors accompanied by members shall be admitted to the Clubhouse or grounds of the Club.

Section 2: Assignment of Facilities:

A. When limited by availability shall be on a seniority basis, but Charter Members shall have absolute priority over non-charter members.

B. Each year facility assignments shall be made by the Rear-Commodore or an Officer or Director appointed by him/her, on a day designated as Assignment Day, to members based on their membership number. A lower membership number shall have priority over a higher number. For the purpose of facility assignments, a date for Assignment Day shall be published in the Club newsletter prior to May 1st.

C. Members who have been assigned Facilities one year shall be entitled to the same assignment the following year if their dues and fees are paid in full on or before their due dates, except if their assignment for the prior year was not a permanent assignment and except for rights of Charter Members.

D. On Assignment Day an initial assignment of facilities will be made, considering only those members holding or applying for facilities who have paid all their dues and fees on or before their due dates. A secondary assignment shall be made to assign the remaining facilities to those members who paid the dues and fees after their due date. Facilities will only be assigned after the fees and dues are paid in full.

E. After the initial assignment of facilities has been made in the Spring of the year, the Rear-Commodore or an Officer or Director appointed by him/her shall make subsequent facility assignments as they become available some time during the yachting season, but after Assignment Day, the assignment shall not be considered for reassignment the next year.

Section 3: If a Charter Member is unable to obtain a facility assignment due to unavailability on Assignment Day only, that Charter Member may challenge a Regular Member who is the most junior member in the Club holding such a facility. A Charter Member may not "bump" a Regular Member on any day except on the date designated as Assignment Day.

Section 4:

A. Slips will be assigned only to members who are yacht owners or to members that plan to be yacht owners during the current yachting season. In the event that the member does not become a yacht owner during the season, that slip assignment will be reassigned the next year.

B. In the event that a member planning to purchase a yacht during the current sailing season is successful in obtaining a slip and wishes to let another member use the slip for the duration of time that the slip would otherwise be unused, it will be temporarily reassigned by the Rear-Commodore, or an Officer or Director appointed by him/her. This is a temporary assignment, and the member occupying the space must relinquish the slip to the original assignee at that member's request.

C. The temporary occupant of a slip obtained under the preceding section of this article shall also pay the full slip fee before the slip is assigned to him/her. At the time the original assignee wishes to move the temporary assignee out of his/her slip, a written notice must be given to the temporary assignee and to the Rear-Commodore by the original assignee. The temporary assignee will be assessed a slip fee, based on a three month season for the period he/she occupied the slip. This fee shall be determined by the Board of Directors and enforced by the Rear-Commodore. This fee will be deducted from the full slip fee paid by the temporary assignee at the time the temporary reassignment was made, and the remaining portion will be returned to the temporary assignee. An amount equal to the amount assessed to the temporary assignee, less $50.00 will then be returned to the original assignee.

Section 5: No slip, locker, parking space, Club facility or privilege may be assigned, subleased or in any manner transferred by one member without the written permission of the Board of Directors.

ARTICLE X

Yachts

Section 1: Each yacht regularly moored or parked at the Club shall be owned by a Charter Member or by a Regular Member. Guest mooring privileges may be afforded to nonmembers by any officer of the Club for limited time periods as established by the Board of Directors from time to time.

Section 2: Every yacht owned or controlled wholly or in part by a member or members of the Club may be enrolled in a fleet of the Club upon the owner filing with the Secretary a description thereof, containing its name, dimensions, rig and power.

Section 3: Points may be accumulated by a skipper only for races sailed in the same boat or a boat of identical model and equipment.

Section 4: No yacht which is not registered to a member of the Club shall be entitled to compete for any trophy or accumulate points unless the particular race is sponsored and the sponsor declares it to be an open race, or, if the yacht owner has paid a race registration fee determined by the Board of Directors.

ARTICLE XI

Flag

The flags of the Officers shall be those designated by the United States Yacht Racing Union.

ARTICLE XII

Financial and Membership Commitments

Section 1: The yearly dues, assessments and fees if any, shall be determined and fixed from time to time by the Board of Directors. Dues (except slip rental fees) are payable on or before April 1st. of each year. If dues, assessments, and previous fees are not received or postmarked by April 1, the member loses their current membership number and will be assigned the next available number. If dues and fees are not paid by May 1, membership expires and the member must reapply for Club membership following procedures in place at that time.

Section 2:

A. Mast-up, dinghy, locker and slip rental fees are due on or before May 1st. of each year. If payment is not received or postmarked by May 1st., the member loses his/her slip, dinghy, locker or mast-up parking and must re-apply, except as determined by the Board of Directors.

B. Mast-up fees are due on all trailered boats that are parked in the Yacht Club parking lot for more than 14 days and have not paid for a slip.

C. Dinghy fees are due on those yachts that are stored in the dinghy rack for more than 14 days.

D. Slip fees are due for those yachts that are assigned a slip. Yachts granted permission by the Rear-Commodore or an Officer or Director appointed by him/her to use unoccupied slips or dock space shall be required to pay a ground's fee for each day they remain after they have occupied an unassigned slip and/or dock space for more than 14 days. The ground's fee shall be set by the Board of Directors and enforced by the Rear Commodore or by an Officer or Director appointed by him/her.

Section 3: The Treasurer shall bill each member for the annual dues, assessments and fees during January, with a second and final notice mailed in March.

 ARTICLE XIII

Sailing Rules and Regulations

Section 1: The races of the Club, as nearly as possible, shall be governed by the rules of the United States Yacht Racing Union.

Section 2: The North Flathead Yacht Club shall not be responsible in any way whatsoever for sails, yachts, yachting equipment, or wearing apparel left in the Clubhouse or on the premises, or on or at the docks.

ARTICLE XIV

Cash Reserve Funds

Section 1:

A. The Board of Directors is authorized to establish a Facilities Cash Reserve Fund. This fund may be utilized only after a majority vote of the Board. This fund may be depleted or added to as deemed appropriate by the Board.

B. The Facilities Cash Reserve Fund shall only be utilized by the Board of Directors for capital expenditures to the real property of the club, including the grounds and buildings. This fund shall not be utilized for incidental or operating costs.

C. The Facilities Cash Reserve Fund shall be funded by the Initiation Fee from new Members.

Section 2: 

A. The Board of Directors is authorized to establish a Docks Cash Reserve Fund. This fund may be utilized only after a majority vote of the Board. This fund may be depleted or added to as deemed appropriate by the Board.

B. The Docks Cash Reserve Fund shall only be utilized by the Board of Directors for expenditures to the slips, docks and wave attenuating system of the club. This fund shall not be utilized for incidental or operating costs.

C. The Dock Reserve Fund shall be funded at the rate of $5,000 per year, from slip fees paid to the Club.

ARTICLE XV

Amendment of the By-Laws

Section 1: These by-laws may be amended at any annual meeting of the members by a 2/3 vote of the members present, or at a Special Meeting, provided that written notice setting forth the proposed change has been mailed to each member at least seven (7) days prior to the Special Meeting.

Revisions Adopted by the Membership on November 5, 2005