Western
Mass. 4x4 By-Laws
Article 1
– Name
A.) This is a nonprofit organization established
on August 24, 2008 and will be known as "Western
Mass. 4x4" and herein will be referred to as the
"Club".
Article 2
- Purpose
A.) The purposes of the Club as organized are:
1. To provide social, recreational and educational activities
for its members.
2. To promote responsible and safe use of four-wheel-drive
vehicles.
3. To promote responsible and legal use of land and trails.
4. To work to maintain existing trails and lands.
5. To become involved with the existing four-wheel-drive
community in an effort to affect a positive outcome on
land use issues as it relates to our recreational sport.
6. To provide an environment for like minded Off-Road
Enthusiasts who prescribe to the principals above and
a vehicle build mentality of "not too mild, not too
wild".
Article
3 - Membership and Dues
A.) Membership with Western Mass 4x4 shall be
open to licensed drivers who are at least 18 years old
as of date of application.
B.) In order to become a member, the applicant's
application must receive the approval of the Board of
Directors, and participate in at least but not limited
to one Club sanctioned event. Until application approval,
the applicant cannot participate in any Club elections,
or hold any committee positions.
C.) Membership applications approved September
30 and earlier are subject to pay dues.
D.) Dues for the New Year must be postmarked
no later than January 31.
E.) Membership applications approved October
1 and later are not subject to club dues till the following
fiscal year (Jan 1 to Dec 31). Dues for the New Year must
be postmarked no later than January 31.
F.) To remain in good standing order as a Club
member, members must pay his/her dues no later than thirty
days of the date due. New Applicants have thirty days
from the date of approval. If dues are not paid with in
the thirty-day limit, that membership may be terminated.
If he/she would like to renew the membership after termination,
he/she must repeat the application process.
G.) Should a member withdraw from the Club, dues
are not refundable and will not be pro rated. Should he/she
wish to rejoin the Club, and left the Club under good
terms, a new application must be submitted to the Club,
but the application process is not required. Any dues
that need to be updated must be paid within thirty days
of renewal.
H.) Paid to date members are entitled to: Windshield
Decal for their Vehicle as well as other benefits associated
with the Club.
I.) Annual dues will be set by the Board of Directors
and approved by the Club members. Annual dues will include
Western Mass 4x4 dues, fees, and any regional association
dues and/or fees.
Article 4 – Requirements
A.) All vehicles will be four-wheel-drive with
a low-range transfer case. A full-size spare tire is required,
along with a lug wrench and a jack capable of lifting
your vehicle. Tow hooks or clevis/shackles up front are
mandatory and some type of tow hook or receiver hitch,
clevis or other secure means of towing from the rear is
required. A hitch ball is NOT acceptable for safe pulling
of another vehicle. All non-hard top vehicles must have
a roll bar. A fire extinguisher rated at 2BC or better
is required, and must be securely mounted. All vehicles
must have seat belts for ALL occupants, which must be
worn while vehicle is in motion. Vehicles must be legally
registered and insured. In addition, all vehicles will
have a current state inspection sticker where applicable,
or will undergo inspection by the Club in lieu thereof.
B.) Vehicle Size/Dimensions - Minimums and Maximums:
Vehicles will meet the norms of current members vehicles.
Vehicles built in serious deviation to these norms will
be approved for event/run participation at the discretion
of the Board and/or membership. The Club is founded on
a principal of "not too mild, not too wild".
Because of this stock and purpose built vehicles will
be allowed to participate in Club events/runs, but only
on a limited basis and certain trails. Owners of stock
vehicles are encouraged to join the Club but do so with
full understanding of the Clubs principals and with the
hopes that stock vehicles will be modified to fall within
the norms of Club build. Extreme purpose built vehicles
may find their vehicles capabilities exceed that of the
Club norm. The Club encourages growth for all its members,
but owners with this level of vehicle may find other clubs
suit their purposes better and thus may be encouraged
to join another club as part of this growth process.
C.) Required for any and all Club events, the
driver must possess a valid drivers
license, current vehicle registration, and vehicle insurance.
D.) On all vehicles which possess a CB radio,
whip antennas are greatly
discouraged, but if vehicle is equipped with such, they
must be tied down.
E.) All vehicles must have at least one tow strap
in good working condition with
NO metal hooks.
F.) If a vehicle is equipped with a winch, hard
mounted or hand held (come-a-
long) the following are required: a. Tree saver b. Leather
gloves c. Snatch
blocks are not required, but strongly recommended and
should be rated at
twice the rated winch capacity.
G.) Guest vehicles will only be allowed upon
approval of the trail leader for that
day’s event, under the following conditions:
1.Two guest vehicles per club member.
2.Guest vehicle owner signs waiver of indemnity and liability.
3.Meets all club minimum equipment requirements as called
out in section 4A and 4B.
4.Subject to all club rules.
5.Limit of two runs per year without submission of an
application for membership.
6. Limit of five guest vehicles per event unless previously
approved by the
Board of Directors.
7. During inter-Club events attending members from the
participating Club are exempted from the requirements
of Article 4, Section G excepting sub section G2. Attendees
of inter-Club events are still bound by the rules and
policies of their respective Clubs/Organizations during
the duration of the inter-Club event. Western Mass 4x4
members will complete and sign the participating Club's
waiver of indemnity and liability if requested to do so.
Article 5
– Meetings
A.) Meetings shall be held three times annually:
Early Spring, Mid Summer, Late
Fall. Exact dates to be determined by Board of Directors.
B.) At any regularly scheduled meetings, in order
to conduct business of the Club, a quorum will be set
at 25% of the membership and at least three Officers in
attendance.
C.) Each year one of the meeting date meetings
will be designated as our annual meeting. The agenda of
the meeting shall include:
1. A report from all committees that worked.
2. A report from all officers.
3. Treasurer’s financial statement.
4. Elections and results (if any).
D.) If deemed necessary the board may hold additional
meetings during the year
as needed. These meetings may be open to the general membership
but are
not required to be so. Meetings will be announced as much
in advance as
possible if open to the general membership. In order for
the board to conduct
business or hold a meeting, there must be at least three
board members
present. Closed meetings may be held online via the Clubs
web site with all
voting to be done within a set time period as defined
in the meeting request.
Article 6
– Conduct
A.) Western Mass. 4x4 follows the traditions
and goals of the Tread Lightly Program. It is expected
that all members and guests will conduct themselves so
as to have minimal impact on the environment.
B.) A member or guest may be warned, suspended,
or expelled from the club without refund of dues if event
and public forum behavior is not satisfactory.
C.) Unsatisfactory behavior is defined as, but
not limited to, the following:
1. Use of alcohol or illegal substances at Club events.
2. Littering while attending a Club event.
3. Conducting themselves in a manner that is disrespectful
to other members and their guests, or to the Club and
any of its officers.
4. A member may be warned, suspended, or expelled from
the Club without refund of dues if the member is found
to be conducting themselves in a manner that is grossly
unacceptable to the laws of general society.
Article 7
- Administration
A.) The Board of Directors shall consist of five
officers: President, Vice President, Secretary, Treasurer,
and Director at Large. Each of these offices will be filled
with qualified (Article 3, sections A, B, and F) Members
in Good
Standing through the voting process as described in Article
11, Elections. It will be their duty to draw up an agenda
for all Board of Directors Meetings, and all other meetings.
Further duties of the Board of Directors shall be to conduct
the day-to-day business and to take such actions as might
best fulfill the goals of this organization.
B.) The Board of Directors shall always consist
of an uneven number. Any offices
added or removed will require a by-laws change.
Article
8 – Club Offices
A.) The President's duties shall be as follows:
1. Preside over all meetings.
2. Be present at all events when possible.
3. Shall, as the executive officer, have the duty to carry
out the policies and decisions of the entire membership
and the Board of Directors.
4.Shall keep an accurate record and file of all items
(and their location) that belong to the Club.
5. Shall be responsible for auditing the Club treasury.
6. Mandatory attendance at the meeting date Meetings.
7. As necessary ensure that volunteer groups are designated
for any events and/or promotions.
B.) The Vice President's duties shall be as follows:
1. In the absence of the President, the Vice President
shall perform these duties. Should the Club President
be unable to carry out the duties of that office for any
reason including, but not limited to, the following: a
death, disability, resignation, or removal from office,
the Vice-President shall assume the duties of the President
for the remainder of the term. A special election shall
then occur to fill the Office of the Vice President until
the next general election.
2. Performs no specific daily duties as a director but
is actively involved in Club business taking on special
projects to benefit the Club as necessary.
C.) The Secretary's duties shall be as follows:
1. Keep and preserve all records and minutes of the meetings.
2. Prepare and distributes minutes of each meeting within
30 days of the
meeting.
3. Will maintain current working copies of the Club By-Laws.
5. Will update the By-Laws after a change voted in by
the Board of Directors and membership body.
6. Distributes updated copies of the Club By-Laws to the
Club President, and to individual members upon request.
7. Shall distribute and accept applications for membership
at each of the meetings, and process applications received
via the club website.
D.)
The duties of the Treasurer shall be as follows:
1. Keep accurate and complete records of the funds and
accounts of this
organization and maintain a record thereof.
2. Make disbursements from the funds of the Club as directed
by the Board of Directors or the membership.
3. Ensure that all Club debts are paid in a timely manner.
3. The signature of the Treasurer is mandatory on any
check to be disbursed by the Club for the payment of bills.
4. To enable the Treasurer to maintain an audit trail,
he or she shall set up and/or approve all record keeping
systems and forms used for the receipt or disbursement
of funds at any club moneymaking event. Any system and/or
form used must be explained to and approved by a majority
of the remaining Board of Directors. The Treasurer will
have no vote in these situations.
5. Shall direct all activities associated with the collection,
counting and deposit of funds at any Club moneymaking
events.
6. All Club funds will be kept in a separate account,
and under no circumstances should Club funds be commingled
with personal funds.
8. Collect all dues and fees connected with dues to the
Club.
8. Set up, monitor, and maintain a PayPal account for
online payment of dues or other fees as required. Accept
payments into the Clubs bank account and return monies
as required for non-accepted membership applications.
E.) The duties of Director at Large shall be
as follows:
1. The position of Director at Large will typically be
occupied by a former
Director or "more experienced" Club Member.
2. Will offer guidance to the board, in particular the
Club President, offering perspective and/or guidance as
required.
3. Will vote last in all proceedings to provide a tiebreaker
as required or
necessary.
4. Performs no specific daily duties as a director but
is actively involved in Club business taking on special
projects to benefit the Club as necessary.
5. Responsible for safeguarding login information giving
Administrative access to the Club website. This information
is to be provided by the website administrator in a sealed
envelope to the Director at Large and should not be opened
or used for any reason unless directed to do so by a majority
vote of the Board of Directors. The President will transfer
this responsibility to another
Director if the holder of the Director at Large position
has a conflict
of interest in holding this responsibility.
Article 9–
Expenditures and Finance
A.) All monies received from all sources shall
be immediately turned over to the
Treasurer to be deposited in the checking account of the
Club.
B.) Any expenditure other than normal Club operating
expenses will be considered by the membership at any meeting
and be voted on by them and carry a majority vote of those
in attendance.
C.) All expenditures must be in the best interest
of the Club.
D.) The Club’s fiscal year will be Jan.
1st through Dec. 31st.
Article 10-
Committees
A.) Committees shall be appointed by the President
and answer to the Board
of Directors.
B). All committees and sub-committees will turn
all reports pertaining to their event, for permanent filing
and future reference, to the Secretary within 30 days
after the events.
C). Any committees making recommendations for
expenditures will do so
without regard to race, religion, or personal affiliations.
All committee recommendations for expenditures will be
based on the best available competitive costs.
D.) A non-member spouse of a member in good standing
will be permitted to
chair a committee, but not permitted to be on the Board
of Directors.
Article 11-Elections
A.) Elections will be held once every 2 years
at the annual meeting.
B.) Newly elected officers will take office the
January following the election.
C.) Voting will be done in person; not by proxy
or through the mail.
D.) Voting will be by secret ballot
E.) All ballots must be counted and checked by
three (3) members other than nominees.
F.) A larger number of votes is necessary for
the election of any office.
G). In the event of a vacancy in any office,
the Board of Directors shall appoint a Member in Good
Standing to fulfill the unexpired term. Fulfilling an
unexpired term will not be considered as serving a full
term.
Article 12-Events
A.) The Board of Directors, the local and state
law enforcement agencies have set up strict rules and
policies concerning trailriding and the use of the properties
we trailride on with the permission of the owner. Infractions
of these rules and policies could cause us to lose our
right use these properties, therefore, they will be strictly
enforced. Any violators of the established policies will
be warned once at a general meeting and if the infraction
is committed again a second time,
the member found guilty will be immediately removed from
the membership roll and will not under any circumstances
by given another opportunity to apply for membership to
the Club.
B.) All events are subject to approval by the
Board of Directors.
C.) When feasible, adequate insurance shall be
procured at all publicly attended events.
D.) All events must be conducted in an orderly
manner with safety as the prime factor.
E.) No member or guest under 18 will be allowed
to drive on a trailride unless accompanies by or with
written consent of parent or guardian.
F.) All members and guests participating in an
event shall abide by the Motor Vehicle Code of the State
concerned and by the laws and regulations of the city,
county or the circumstances concerned. The welfare and
reputation of the Club depends upon the character it gains
with the city, county, state and federal authorities.
Any flagrant violation of the code is sufficient cause
for removal of any or all membership privileges.
Article
13-Amendments
A.) These By-Laws may be amended by a two-thirds
majority vote at a regular
Club meeting. The quorum present and voting. Any amendment
must be
presented to the membership at the regular Club meeting
and at the meeting
preceding the meeting in which the vote is to be taken.
B.) Proposed By-Law changes shall also be published
on the Club website prior to the meeting in which they
are to be voted on.
Article 14-Sale of Property
A.) In order to sell any or all property, real
or otherwise, owned by the Club, the same procedure shall
be followed as a by-law amendment (Article 13).
Article 15-Dissolution of the Club
A.) If for any just reason the Club must disband,
it will require a 90% vote of the total membership in
favor of dissolution.
B.) A motion should first be made on the floor
of a general meeting, seconded and then voted on, a quorum
being present and a majority being in favor of carrying
out the following procedure.
C.) The voting for dissolution will take place
through the US Mail. Notification, ballots and pre-addressed
return envelopes will be sent to all members by registered
mail. A ballot not returned within 30 days will be considered
a resignation from the Club. Ballots will be returned
by registered mail to a designated representative, or
if necessary, to a lawyer retained by the Club. The results
will be read by the designated representative, or the
lawyer, at the next
regularly scheduled meeting following the 30-day period.
If it is necessary to schedule a special meeting to read
the voting results, all members will be notified of the
time and place of the meeting by registered mail. The
announcement of a special meeting time and place will
be mailed along with the ballot. Any special meetings
will be held following the 30 day period.
D.) In the event of dissolution of the Club for
any reason, after all liabilities are met, any remaining
assets would be donated to charity or a non-profit organization
of the Club’s choice. The vote on the choice of
charity or non-profit organization will require a simple
majority vote of the membership present, a quorum present
and voting.
These bylaws, accepted and approved by Western Mass. 4x4
this18th
day of January 2009
End of Document
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