Proposed Bylaws Amendments
Voted upon by members at the Aug. 2 business meeting
Posted July 10—Following are four proposed bylaws amendments that were presented at the July 5 North Fork Landowners’ Association business meeting. At 9:15 p.m., Saturday, Aug. 2, at Sondreson Hall, members will vote whether to adopt them. A two-thirds majority vote is required for passage.
Article VI was submitted by Steve Berg, a member of the NFLA “ReVision” Committee. Article VII was submitted by North Director Jon Cole. The proposal to strike Article VIII was submitted by Immediate Past President Ed Heger. The “Bylaw Proposal” restricting membership in other North Fork groups was submitted by Bob Grimaldi.
The current bylaws follow the proposed amendments on this page.
ARTICLE VI – PROCESS FOR DIVISIVE ISSUES
The association adopts the following process to facilitate community participation and to encourage fair and informed votes on motions that raise divisive issues.
SECTION 1—Definition.
A divisive issue is one that is of widespread concern to North Fork landowners, that substantially affects their interests, and that has a high probability of creating significant division among them.
SECTION 2—Deferral of Final Vote.
At the request of any member present at a business meeting, the board of directors shall determine whether a motion raises a divisive issue. A final vote on a divisive issue shall be deferred until the next business meeting in order to provide members notice of the motion, information about the issue, and an opportunity to be heard.
SECTION 3—Notice.
Notice that a vote on a divisive issue is pending shall be provided to the membership by suitable means, which may include publication in the association’s newsletter, posting on its Web site, or press release.
SECTION 4—Information.
The association may sponsor workshops or presentations, disseminate educational materials, appoint a committee to study the issue and report to the membership, conduct a non-binding survey of its membership, conduct a non-binding survey of all North Fork landowners, or adopt other means that will help to inform its members about the issue.
SECTION 5—Results of Final Vote.
The proportionate results of a final vote on a divisive issue may be reported to interested government agencies and to the public as a reflection of the views of the association’s members.
Rejected by members at the Aug. 2, 2008, business meeting.
ARTICLE VII – CONTRIBUTIONS
To maintain its non-profit status, protect its treasury, and assure that its business is conducted in a fair, orderly and consistent manner, the association will not make monetary contributions to support the work of other organizations.
Adopted by members at the Aug. 2, 2008, business meeting.
PROPOSED BYLAW AMENDMENT
Strike current Article VIII—Complete and Current Bylaws.
Reason for Proposal: Article VIII is neither complete nor current; it must be amended every time the bylaws are amended or altered in any way.
Members voted to strike this amendment at the Aug. 2, 2008, business meeting.
BYLAW PROPOSAL
If a person is serving as an officer in the NFRCHS, the NFPA, or North Fork Compact, he or she may not stand for or hold office in the NFLA. If a person is holding office in the NFLA and that person is elected as an officer in the NFRCHS, NFPA or NF Compact, that person must resign his or her position in the NFLA.
Rejected by members at the Aug. 2, 2008 business meeting.
Bylaws
of the
North Fork Landowners’ Association
The North Fork Landowners’ Association (formerly the North Fork Improvement Association) is a not-for-profit corporation. It was founded in 1947. The association owns Sondreson Hall, North Fork Road at Whale Creek, which serves as a center for business and social functions on the North Fork.
Association bylaws were adopted July 1, 1978, and have been amended since. The following version of the bylaws incorporates all amendments adopted through August 4, 2007. Original bylaws and amendments are on file with the secretary-treasurer.
ARTICLE I—PURPOSE
The purpose of this corporation, as stated in its certificate or articles of incorporation, is to promote the general welfare of the community of the upper valley of the North Fork of the Flathead River, being that portion of such valley bounded by the international border on the north, and by Big Creek and a line extending east from the mouth of Big Creek through said valley, and to construct, own, reconstruct, operate, maintain and regulate the use of a community building in which meetings of the corporation and other community functions may be held. The association shall pursue the interests of all North Fork landowners, regardless of permanent residence, and encourage and facilitate their participation in association activities.
ARTICLE II—MEMBERSHIP
SECTION 1
Active members shall be those real estate owners and/or resident adult members of their immediate families living in the upper valley of the North Fork of the Flathead River within the state of Montana, as defined in the purposes of this corporation. In order for a member to be in good standing and eligible to vote, dues must have been paid in advance for the year in which such member desires to vote. Associate members shall be any individuals, firms or corporations who are interested in the community. Associate members shall be entitled to all privileges of the members, except that they shall not hold elective office nor shall they vote.
SECTION 2
Persons desiring to become members of this association shall make a written application to the secretary-treasurer. The secretary-treasurer shall determine the eligibility of each applicant for active membership according to the rules in Article II, Section 1 and its amendments.
SECTION 3
Voting rights. Each member shall be entitled to one vote on each matter submitted to a vote of the members, provided such member is in good standing at the time of such voting.
SECTION 4
Membership in this corporation is not transferable or assignable.
ARTICLE III—MEETINGS OF MEMBERS
SECTION 1
Regular Meetings. There shall be regular monthly meetings of the general membership from June through October. These meetings shall take place on the first Saturday of each month or on another day of each of those months, as scheduled and published by the board of directors.
SECTION 2
Annual Meeting. The meeting for the election of officers shall be the first Saturday in the month of August in each year.
SECTION 3
Special Meetings. Special meetings may be called at any time by the board of directors, members to be notified in writing ten days prior to the date set for the meeting.
SECTION 4
Place of Meeting. The meetings shall be held in the community building, or at such other place as the board of directors may from time to time determine. Special meetings shall be held at such place as the board of directors may determine.
SECTION 5
Quorum. The active members present at any regular or special meeting for which written notice has been given, as aforesaid, shall constitute a quorum for the transaction of the business of the corporation. A quorum shall consist of three (3) of the elected officers and no fewer than ten (10) members.
SECTION 6
Proxies. Members shall vote in person and not by proxy.
ARTICLE IV—OFFICERS/ELECTIONS
All officers shall be active members in good standing of the organization. Duly elected officers shall assume duties immediately upon conclusion of the annual election.
President. The president shall be elected at the regular election meeting each year. The president shall serve for one year and be eligible for re-election for a second consecutive term only. Candidates for president may be nominated from the floor and voting shall be by secret ballot. The president shall preside at all meetings of the organization and shall serve as chairman of the board of directors.
Vice President. The vice president shall be elected at the same time and in like manner as the president. The term of office shall be one year, and the vice president shall be eligible for re-election for an unlimited number of consecutive or non-consecutive terms. In the absence of the president, the vice president shall assume all duties and responsibilities of the president
Secretary-Treasurer. The secretary-treasurer shall be an appointed position with such appointment being made by the presiding president, with board approval, rather than an elected position, due to the computer and bookkeeping knowledge currently required in filling this position. The voting rights of the secretary-treasurer will not be affected by this amendment.
Duties of the secretary-treasurer shall be to: take and keep minutes of association meetings; write letters, as directed by the president or the board of directors; determine the eligibility of those applying for membership; receive and account for all monies collected and spent by the association; give a financial report at each meeting; prepare an annual financial report for distribution to the general membership; maintain the association’s membership, dues, financial and other records, and surrender those records to the succeeding secretary-treasurer. For the purposes of dues collection, budgeting and the annual financial report, the association’s fiscal year shall be September 1 through August 31.
The secretary-treasurer shall deposit and retain all association funds in a bank account, certificate of deposit or other secure instrument, as directed by the board of directors. All association bills or reimbursements shall be paid by check.
Past President. Upon completing his term of office, the immediate past president becomes an ex officio member of the board of directors until the term of the president who succeeded him ends.
Directors. Four directors, two from each of two districts (defined below), shall be elected in the same manner as the president. The term of office for each shall be two years, with one director from each district being elected in an odd-numbered year and the others elected in an even-numbered year. There is no limit to the number of consecutive or non-consecutive terms a director may serve.
Definition of Districts: The South District shall comprise the area between the source and mouth of Big Creek and a line extending east there from, north to the source and the mouth of Whale Creek and a line extending east there from. The North District shall comprise the area between the South District and the Canadian border.
Board of Directors. The board of directors shall comprise four duly elected directors plus four ex officio members: the president, vice president, secretary-treasurer and immediate past president. The president shall be chairman of the board of directors and shall vote at a board of directors, regular or special meetings only in case of a tie. Any three members of the board of directors shall constitute a quorum. Meetings of the board of directors may be called at any time by the chairman or by a quorum of members of the board of directors.
Elections. Elections shall take place annually at the August regular meeting of members, at a time and place scheduled and published by the board of directors. Nominations for all directors and officers shall be taken from the floor. All active members in good standing, as defined in these bylaws, shall be eligible to vote. Voting shall be by secret ballot, and shall be conducted by a person appointed by the presiding officer of the August meeting.
ARTICLE V—DUES
Each member, in order to be in good standing and to be eligible to vote in the annual election in August, shall pay annual dues which shall be due on July 1. Active members who were eligible to vote in the previous year’s election may pay dues as late as 8 p.m. on election night and still be eligible to vote that evening. The amount of each year’s dues for active and associate members shall be based on the financial requirements of the association, and shall be determined by a majority vote of the board of directors.
ARTICLE VI—AMENDMENTS TO BYLAWS
All amendments to, substitutions for, or alterations of these bylaws, must be presented in writing by an active member in good standing at the July business meeting, and voted on at the August business meeting. A majority vote of at least two-thirds of the members present shall be necessary for the adoption of any amendment to, substitution for, or alteration of the bylaws.
ARTICLE VII—EFFECTIVE DATE
These bylaws shall be in full force and effect from and after their adoption. Adopted by the association at the meeting of July 1, 1978.
ARTICLE VIII—COMPLETE AND CURRENT BYLAWS
The complete and current bylaws of this association shall comprise documents that were in the possession of the board of directors on August 4, 2001, namely: the bylaws adopted July 1, 1978; amendment to Article IV, passed October 4, 1980; amendment to Article II, Section 1, passed July 11, 1981; amendment to Article V, passed July 3, 1982; amendment to Article VI, passed August 6, 1982; and amendments to Article II, Section 2, Article III, Section 1, Article IV, Article V and this Article VIII, passed August 4, 2001.
Any other version of the bylaws or bylaws amendments not in possession of the board of directors as of August 4, 2001, are nullified by this amendment, and if later presented would be subject to approval by the membership according to the procedures specified in Article VI and its amendments.
End Bylaws