CONSTITUTION and BY-LAWS

OF THE

BUILDERS ASSOCIATION OF NORTHEAST INDIANA

LOCAL CHAPTER 1572 – NAHB / IBA

Table of Contents

Article Topic Page

I Name and Location 2

II Affiliation and Purposes 2

III Amendment of Constitution 3

IV Membership Classes 3

V Amendments 4

VI Board of Directors 4

VII Elected Officers 5

VIII Voting 5

IX Nominations 6

X Presidential Duties 6

XI Finances 6

XII Rules of Organization 7

XIII Amendments 7

XIV Employees 7

XV Publications 7

XVI Contact Information 7

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 -CONSTITUTION-

ARTICLE I

Section 1 The name of this association shall be the BUILDERS ASSOCIATION of NORTHEAST
INDIANA.

Section 2 This Association is and shall be an Affiliated Association of THE NATIONAL ASSOCIATION
OF HOME BUILDERS, and THE INDIANA BUILDERS ASSOCIATION, INC.

Section 3 The principal office of this association shall be in a location determined by the Board of Directors
designates.

ARTICLE II

Section 1 This association shall operate for the benefit of home builders and those engaged in allied
industries in the area of Northeast Indiana.

Section 2 The operations of this association shall be conducted in the territory assigned to its jurisdiction
now and hereafter by NAHB and/or IBA.

Section 3 This association shall operate as an affiliated Association of the National Association of Home
Builders and The Indiana Builders Association.

Section 4 The Objectives of this association shall be:

a. To associate home builders in this area for the purpose of mutual advantage and cooperation.

b. To develop and maintain with the home building industry a high appreciation of the
objectives and responsibilities of home builders in serving the public.

c. To cooperate with all branches of the building industry, including manufacturers, dealers and
financial institutions for the benefit of improvement of home building techniques and
practices.

d. To comply with all federal, state, and local laws, to educate our members to changes and work
for constant improvement in laws and/or regulations that affect the industry. To promulgate
and enforce a code of ethics.

e. To assist in the accomplishment of the mutual objectives of the National Association of Home
Builders and to participate for the purpose of mutual benefit in an interchange of information
and experience with all other local affiliated associations of NAHB and IBA.

f. To assist the officers, board of directors and membership committee of NAHB and IBA in
qualifying members operating within the Northeast Indiana area.

g. 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 all citizens at the lowest
possible cost.

h. To operate without profit and no part of the income of the association shall inure to the benefit
of any individual member.

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ARTICLE III

Section 1 Constitution may be adopted or amended by a two-thirds (2/3) vote of the members in good
standing at any meeting provided:

a. the attendance at such meeting constitutes a quorum, and

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

BY-LAWS OF THE BUILDERS ASSOCIATION OF NORTHEAST INDIANA

ARTICLE IV

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:

A. BUILDER MEMBERS. Any individual who is, or is employed by a firm or corporation in the
business of building or re-building homes, apartments, schools, commercial, industrial or
other structures normally related and appurtenant to a community, or in land development,
shall be eligible to be a BUILDER MEMBER.

B. ASSOCIATE MEMBERS. Any individual who is or is 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, shall be eligible to be an ASSOCIATE MEMBER.

C. AFFILATE MEMBERS. Any individual who is employed by a firm represented by a builder

or an associate member shall be eligible to be an AFFILATE MEMBER

Section 2 ACCEPTANCE OF MEMBERS

A. Applications for membership in this association shall be made to the Membership Committee
and be processed in the following manner.

1. Applicants shall submit an application, in writing, or on a form designated by the Board

of Directors and duplicating the official Membership Application Form provided by The
National Association of Home Builders.

2. Applicants shall accept any other membership requirements that may be instituted by the
Board of Directors and presented to the membership from time to time.

3. All applications shall be endorsed by a Member in good standing.

4. Applications shall be submitted to the Membership Committee, who shall review the
application and make their recommendations to The Board of Directors, in whom shall be
vested the exclusive right to elect membership.

5. Prior to approval, the Board of Directors may require a hearing on any application, if it
has reasonable grounds to believe such applicant may be in violation of one or more
Suspensions and Revocation items listed in Section 3 (A) of Article III. A majority vote
shall be sufficient for Approval of the applicant.

6. Upon favorable vote by a majority, of a quorum of the Board of Directors; the Applicant
shall be notified of his/her acceptance and shall have a period of thirty (30) calendar days
in which to pay appropriate dues and to become a member in good standing.
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 B. Applicants in good standing shall be members of the NAHB and IBA and shall be entitled to
the full benefits, services and privileges of the respective Associations.

Section 3 SUSPENSION AND REVOCATION OF MEMBERSHIP

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

a. for failure to meet financial obligations or,

b. for conduct that is deemed as detrimental to the Association.

The member shall be given a minimum of thirty (30) days written 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.

B. 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 and those terms and conditions shall be delivered to the
member in a written form, signed by at least two of the Directors and the President.

Section 4 MEETINGS

A. An annual meeting of the Association shall be held on the second Tuesday of December of
each year, or at such other time as the Board may designate, for the express purpose of
electing the officers of the Association, a Board of Directors, and to take up such matters as
may properly come before the General Membership.

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

C. Notice shall be given of the date, hour, and place of all special meetings to each member at
least ten (10) calendar days in advance.

ARTICLE V

Section 1 The dues of this Association shall be proposed by the Board of Directors and approved by two-
thirds (2/3) vote of membership and shall include those required for membership in NAHB and
IBA, Inc., which this Association shall collect and remit in accordance with the requirements of
NAHB and IBA.

ARTICLE VI

Section 1 The Board of Directors shall be the governing body of BANI. At the Annual Meeting shall elect
Directors to serve for three years from the date of election until a successor is duly elected.

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

Section 4 Vacancies: Vacancies on the Board to disability, death or resignation shall be filled by
appointment of the President, subject to the concurrence of a majority of the Directors. Persons
appointed will serve until the next Annual Meeting.

Section 5 State Director (s) shall consist of one for the first fifty (50) members and a second State Director
(51-99 members) and shall be appointed by the President, subject to the concurrence of a majority
of the Board of Directors.

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 Likewise, a National Director and Alternate Director shall be appointed.

Section 6 The board of directors is not to exceed 12 members. In addition, builders should have majority
over associates.

Section 7 Meetings: The Board of Directors shall meet on the second (2nd) Tuesday of each month.

Special meetings may be called by the President or upon the request in writing of a majority of the
Directors. Notice of the date, hour and place of all meetings shall be given to the Directors at least
ten (10) days in advance.

Section 8 VOTING: a two-thirds (2/3) vote shall decide an issue provided a quorum is present. The presence
of two-thirds (2/3) of the Directors at a meeting shall constitute a quorum.

ARTICLE VII

Section 1 The following Officers shall be elected by the membership at the Annual Meeting. Newly elected
officers shall be sworn in at the first General Meeting in January. Officers shall serve a term of
one (1) year. A second year, by election of the membership may be held.

A. President – shall be a BUILDER MEMBER of the Association. President shall preside at all
meetings of the association and be the official spokesperson 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.

B. Vice President – shall be a BUILDER MEMBER of the Association and shall perform such
duties as are assigned by the President and in the absence of the President, or upon direction,
shall perform all of the duties of the President.

C. Treasurer – shall oversee the accounting of all monies collected and disbursed by the
Association and shall render or direct the Executive Officer to render a monthly report to the
Board of Directors.

D. In such case that an Executive Officer is not able to perform such duties the elected Secretary
shall be responsible for accounting and reporting.

Section 2 Succession of Office:

A. In the event of the absence, disability, resignation, or death of the President, the Vice
President shall act as President of the Association.

In the event the President and Vice President are unable to serve, the Secretary, Treasurer
shall serve. The officer designated to serve shall be the Acting President until such time as the
Board of Directors names from among its BUILDER MEMBERS a president to fill the
unexpired term.

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

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ARTICLE VIII

Section 1 All members of the Association in good standing shall be entitled to vote at meetings of the
membership.

Section 2 A two-thirds (2/3) vote shall decide an issue, provided a quorum is present. The presence of two-
thirds (2/3) of the membership constitutes a quorum.

Section 3 Any member in good standing may, at their discretion; vote on any item to be considered, by
written, signed proxy.

ARTICLE IX

Section 1 The Board of Directors shall appoint a Nominating Committee. The Chairman of this Committee
shall be the immediate Past President.

The Nominating Committee shall submit its report to the General Membership in November for
election in December.

Nominations shall be accepted from the floor. If more than one candidate for an office is
presented, voting shall be done by secret ballot. If only one nomination for each office is
presented, election shall be by voice vote.

ARTICLE X

Section 1

A. The Chairman and members of all committees of the Association shall be

appointed by the President except as otherwise provided specifically in
these By-Laws.

C. A President may, with the advice and consent of the Board of Directors remove the Chairman
or member (s) of any committee appointed pursuant to this Article.

D. Special Committees may be appointed by the President as he/she may from time to time deem
advisable.

E. Meetings of all Committees shall be upon the call of the Chairman with the approval of the
President.

F. A simple majority vote in a committee shall decide any issue provided a quorum (2/3 of the
committee members) is present.
ARTICLE XI

Section 1 The fiscal year of this 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. Any expenditure in excess of that
budget must be authorized by the Board of Directors.

Section 3 Dues and other monies collected by the Association shall be placed in a depository selected by the
Board of Directors.

Section 4 Check signing authority shall be designated to the board of directors.

Section 5 The Board of Directors shall direct the Executive Officer in choosing a Certified Public
Accountant to assist with year-end reports.

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Section 6 The President, Executive Officer, or any other officer of the Association duly authorized to act for
them in a specific instance may execute contracts.

Section 7 The Board of Directors may by a two-thirds (2/3) vote, authorize the creation of reserve funds for
the future operation of the Association. Such funds may be used for such purposes as may be
authorized by a two-thirds (2/3) vote of the Board of Directors.

Section 8 In the event of dissolution of the Association, the assets of the Association shall, after appropriate
provision for debts and liabilities of the Association, be distributed in any liquidation proceeding
to a corporation, trust, or association not organized for profit and exempt for federal income
taxation under the Internal Revenue laws applicable at the time of dissolution.

ARTICLE XII

Section 1 Roberts’ Rules of Order shall govern the parliamentary procedure of the meetings of the
Association provided to in these By-Laws.

ARTICLE XIII

Section 1 These By-Laws may be adopted or amended by a two-thirds (2/3) vote of the members in good
standing at any meeting provided:

c. the attendance at such meeting constitutes a quorum, and

d. that a copy of any proposed amendment shall have been mailed to each member of the
Association at least thirty (30) days in advance.
ARTICLE XIV

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

Section 2 An EXECUTIVE OFFICER may be employed to perform such services as are deemed necessary
and proper to carry on the business of the Association.

Section 3 The EXECUTIVE OFFICER shall serve as the chief administrative officer of the Association.
Such duties of said officer shall be approved by the Board of Directors and from time to time
reviewed and evaluated by the Board of Directors. The EXECUTIVE OFFICER or E.O. shall be
empowered to create and supervise adequate staff to carry on the business of the Association for
specific duties, as instructed by the Board of Directors, within the limitations of the fiscal budget.

ARTICLE XV

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

Section 2 This Association and members of this Association may use on their stationery, business cards,
advertising and contract forms, the official logo of NAHB, IBA and the Local Chapter or Council.

ARTICLE XVI

Section 1 Members shall furnish the Secretary, or 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 mailing.