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By-Laws

ARTICLE I – (Membership)

Sec. 1 CLASSES OF MEMBERS – Membership in this Association shall be of three classes:

(a) BUILDER MEMBERSHIPS SHALL BE CLASSIFIED AS FOLLOWS:

  1. Builder/Developer Membership which shall be open to any person, firm or corporation that is, or has been in the business of building homes, apartments, schools, commercial industrial, or other such structures normally related and appurtenant to a community; and who performs this service or resides within the territorial jurisdiction of this association; is of good character and business reputation; agrees to abide by the provisions of the by-laws of this association; subscribes to the purposes of the association and meets with the approval of the membership Committee and/or Board of Directors.
  2. Developer Membership which shall be open to any person, firm or corporation that is, or has been in the development or subdividing of lots for residential construction, apartments, schools, commercial industrial, or other such subdivisions normally related and appurtenant to a community; and who performs this service or resides within the territorial jurisdiction of this association; is of good character and business reputation; agrees to abide by the provisions of the by-laws of this association; subscribes to the purposes of the association and meets with the approval of the membership Committee and/or Board of Directors.
  3. Remodelor Membership which shall be open to any person, firm or corporation that is, or has been in the business of rebuilding and/or remodeling homes, apartments, schools, commercial industrial, or other such structures normally related and appurtenant to a community; and who performs this service or resides within the territorial jurisdiction of this association; is of good character and business reputation; agrees to abide by the provisions of the by-laws of this association; subscribes to the purposes of the association and meets with the approval of the membership Committee and/or Board of Directors.

(b) ASSOCIATE MEMBERSHIP which shall be open to any person, firm or corporation engaged in any allied trade, industry or profession with the territorial jurisdiction of this Association; who is of good character and business reputation; agrees to abide by the provisions of the By-laws of this Association; subscribes to the purposes of this Association, and meets with the approval of the Membership Committee and/or the Board of Directors.

(c) HONORARY MEMBERSHIP Any individual who performed outstanding service for this Association may be awarded Honorary Membership upon affirmative action by the Board of Directors. This membership is for inactive members retired from the industry who shall be granted membership in the BCASWI and shall be excused from payment of dues to BCASWI. Honorary membership is limited to BCASWI and does not include IDAHO BUILDING CONTRACTORS ASSOCIATION or NAHB.  Accordingly, membership privileges shall be limited to those events sponsored solely by BCASWI and do not pertain to the state or national associations. On a case by case basis, dues will be paid for I.B.C.A. and NAHB at the discretion of the Board of Directors.

Sec. 2 ACCEPTANCE OF MEMBERS

(a) Applicants for membership and renewal of membership shall apply in a form satisfactory to the Board of Directors, and application shall be accompanied by a payment in an amount sufficient to cover the current year’s dues in advance, and meet such requirements as the Board may from time to time prescribe.

(b) The membership committee, or its designee, shall investigate all applications for membership and membership renewals and make its recommendations to the Board of Directors, in whom shall be vested the exclusive power to elect to membership.

(c) Applicants approved and accepted by this Association, excluding honorary members, upon payment of dues, shall be members of the National Association of Home Builders, Idaho Building Contractors Association, and while in good standing shall be entitled to the full benefits, services, and privileges of the respective
associations.

(d) The names of applicants for membership and renewal of membership shall have their names published in the Association’s newsletter at its’ next regularly scheduled publication time in order to allow the general membership the opportunity to review all applicants for new or renewal memberships.

  1. Claims against an applicant which are known to a complaining member, at the time the applicant applies for membership in the association, or is published as an applicant in the Association’s newsletter, must be submitted as a protest prior to the association’s acceptance of the membership application. If a member fails to assert a known claim in this time period, the complaining member is barred from protesting the membership application or from seeking grievance on the claim through the association.
  2. No third party complaints or protests may be filed against the application of any member.
  3. All protests against a pending application must be presented in writing to the association.
  4. The membership chair shall determine the validity of each protest.
  5. The association shall send a copy of the protestant’s letter to the applicant with a request that within 30 days the applicant attempt to resolve the dispute with the protestant.
  6. If the protest is not satisfied within the 30 days the protestant must contact the association in writing and the matter is reviewed by the membership committee for action and recommendation to the Board of Directors.

Sec. 3 SUSPENSION AND REVOCATION OF MEMBERSHIP

(a) All members are bound by the Code of Ethics of the Building Contractors Association of Southwestern Idaho.

(b) The association will handle those situations that involve structural complaints, and funds paid without completed work complaints or any other valid complaints.

(c) Procedures to be followed in processing and handling complaints against the membership of any member shall be conducted in the following manner:

  1. All valid complaints must be presented in writing to the Association. The Association can only accept consumer vs. member and member vs. member valid complaints for evaluation. No third party complaints or protests may be accepted. This specifically excludes mold, radon, or member versus member complaints involving collecting money. The association is not a collection agency.
  2. The Ethics/Conciliation Chair shall determine each complaint to assure its validity.
  3. The Association shall send a copy of the complainant’s letter to the defendant member with a request that within 14 days the Committee be advised by the defendant member of the action taken or to be taken on the valid complaint.
  4. If the valid complaint is not satisfied within a reasonable period of time, the complainant must contact the Association in writing. The Association shall arrange to examine the complaint and, if it has merit, contact the defendant member for settlement.
  5. If the valid complaint cannot be settled, the complainant and defendant member shall then be advised to bring the problem before the Ethics/Conciliation Committee.
  6. The complainant must sign an agreement stating he or she will accept the decision of the Committee. A nonrefundable $50.00 processing fee shall be required. If the parties are engaged in litigation, the BCASWI grievance procedure can only be invoked if both parties enter into a specific agreement to conciliate and agree to stay further proceedings in the lawsuit, pending resolution of the valid complaint.
  7. The defendant member also must sign an agreement accepting the decision of the Committee and may be required to post a $25.00 fee, which is refundable, if the Committee so agrees.
  8. The case shall then be scheduled before the Ethics/Conciliation Committee at the call of the Committee chairperson, provided that at least 10 working days written notice be given to both complainant and defendant member prior to said hearing.
  9. The complainant and the defendant member or their qualified representatives are required to be present for the meeting of the Ethics/Conciliation Committee.
  10. The Chair may designate an inspector who shall report his/her findings to the committee in writing.
  11. Discussion and questions shall be limited to items in the written valid complaint and the inspection report submitted by the Committee’s investigation.
  12. The defendant member and the complainant are excused when the Committee is deliberating on its decision.
  13. The defendant member and the complainant shall be notified of the Committee’s decision within 10 days of the meeting. The decision shall be in writing with each item of the valid complaint and the Committees findings itemized individually.
  14. If the defendant member is in error and refuses to comply with the committee’s decision within thirty (30) days from the written notice (subject to weather conditions, material shortages, and labor disputes, when applicable), the Committee should recommend to the Board of Directors that the defendant member be suspended for a recommended period of time. Thereupon, the Board shall review the recommendation in accordance with paragraph (c) of this article.

(d) The Board of Directors by a two-thirds vote may suspend or revoke the membership of any member: (1) for failure to meet his/her financial obligations to the Association or, (2) for conduct detrimental to this Association or, (3) for failure to respond to a written complaint from the BCA office on behalf of a consumer or another BCA member. Any such correspondence will be sent to the business the complaint is filed against. (Return receipt requested)

(e) The Board of Directors by a two-thirds vote may suspend or revoke the membership of any member: (1) for failure to meet his/her financial obligations to the association or, (2) for conduct detrimental to this association or, (3) for failure to respond to a written complaint from the BCASWI office on behalf of a consumer or another BCASWI member. Any such correspondence will be sent to the business the complaint is filed against. (Return receipt requested).

(f) The Ethics/Conciliation chair will recommend suspension of membership:

  1. For any member having 3 complaints filed against him/her that have gone as far as have a $50 filing fee submitted with request for arbitration, or,
  2. For any member having a total of 5 written complaints that have been judged valid filed against him/her within 12 consecutive months. The 5 written complaints do not have to go to the arbitration level.
  3. Any member who does not respond or refuses to comply shall be recmmended for suspension.

Membership suspension can only happen with a 2/3 vote of the board of directors to do so. Public disclosures will be based on legal advice.

A member is eligible to rejoin the BCASWI after one full year and under the following conditions: he/she must submit 5 letters of recommendation to the BCASWI from his/her customers, with proof that commendable work was performed since his/her expulsion from the BCASWI.

If a membership is not revoked by the BCASWI Board of Directors by 2/3 vote the Board will write a letter to the member outlining the specifics on how they are to resolve current complaints and within what time frames. If the member still does not resolve problems, he/she will be subject to suspension again.

If a new complaint is filed against the same member within 12 consecutive months, that member will automatically go back before the Board with another recommendation for suspension. In order for a member to be cleared as a member in good standing, they must maintain 12 consecutive months without complaints filed against the BCA.

(g) A vote of two-thirds 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.Voting rights and membership shall be dependent upon compliance with this section.

(h) Any suspension can be appealed to the Board of Directors.

Sec. 4 MEMBERSHIP AGREEMENT

(a) The member agrees to abide with the constitution and by-laws (and all the amendments thereof) of this Association, The Idaho Building Contractors Association, and the National Association of Home Builders of the United States.

(b) The member agrees that all new homes, buildings, products, or services rendered on each home or building shall be sold subject to a minimum “One-Year Limited Warranty.”

(c) The member agrees to faithfully perform all written business contracts entered into, and any controversy or claim arising out of or related to said contracts, or the breach thereof may be settled by any valid grievance agreement decision rendered by the ethics committee, and judgement upon the award rendered by said ethics committee may be entered in any court having jurisdiction thereof.

(d) The member agrees to faithfully maintain a favorable credit record in all business dealings entered into, and any controversy or claim arising out of or related to an unfavorable credit history, or the breach thereof shall be settled by any valid grievance agreement decision rendered by the ethics committee, and judgement upon the award rendered by said ethics committee may be entered in any court having jurisdiction thereof. The member also agrees to authorize the Association in writing to check credit history.

(e) The member agrees to indemnify the Association in connection with the settlement of any decision made by the ethics committee or the Board of Directors.

(f) The member agrees to use the trade insignias and promotional materials as provided by the Association.

(g) The member agrees to immediately discontinue the use of all BCASWI, IBCA, and NAHB trade insignias and materials, if, for any reason, the member terminates membership or otherwise is deemed not to be a member in good standing of the BCASWI.

Sec. 5 MEETING OF THE MEMBERSHIP

(a) An annual meeting of the membership of this Association shall be held on the 4th Thursday in November each year, or at such other time as the Board may designate, for the express purpose of electing a Board of Directors and taking up such other matters as may properly come before the general membership.

(b) Regular meetings of the membership of this Association shall be held on the 4th Thursday of each month, or at such other times as the Board of Directors may designate.

(c) Special meetings of the membership of this Association may be called by the President or, if requested in writing, by a majority of the members of the Board of Directors.

ARTICLE II – (Dues and Assessments)

Sec. 1 DUES. The dues of this Association shall be payable at the rate of:

(a) The dues of this Association for both a Builder Member and an Associate Member shall be determined at a special membership meeting called for that purpose provided such dues are approved by a majority of those present at such meeting.

(b) These dues shall include those required for membership in the National Association of Home Builders of the United States, Idaho Building Contractors Association, which this Association shall collect and remit in accordance with the requirements of the National Association, as provided for from time to time.

ARTICLE III

Sec. 1 THE FISCAL YEAR of this Association shall begin on January 1 and end on December 31 of each year.

ARTICLE IV

Sec. 1 THE BOARD OF DIRECTORS shall be composed of all elected Directors, Life Directors with voting rights, and the Immediate Past President of the Association and the Immediate Past Treasurer of the Association.

The Board of Directors shall be elected by the active membership at the association’s annual meeting and shall hold office for two (2) years from the date of installation or until successors are elected and qualified. New Terms could be one year if necessary to maintain the balance. The nominating committee shall address this.

Based on National Membership figures, ending October 31 of each year, positions on the Board will be for one builder member for every twelve builder members (or fraction thereof) in good standing.

Associate members positions on the Board will be fifty percent (50%) of these builder positions (or fraction thereof) based on the National Membership figures ending October 31 of each year.

If the Builder members represent an odd number, the associate position would then be rounded upward.

A minimum number of Board of Directors, six (6) builder members and three (3) associate members, shall be maintained at all times.

Sec. 2 THE IMMEDIATE PAST PRESIDENT shall be an ex-officio member of the Board of Directors with full voting rights. The Immediate Past Treasurer shall be an ex-officio member of the Board of Directors with full voting rights.

Sec. 3 THE BOARD OF DIRECTORS may elect any member as a Life Director provided he or she shall have served on the Board of Directors as a voting director in good standing for a full year each year for ten (10) or more years; or if he/ she has served this association as president or associate vice president and shall have served on the Board of Directors as a voting director in good standing for a full year for seven (7) or more years. The Life Directorship goes with the person. No two (2) people from the same company can serve on the board unless one is a Life Director.

(a) Failure of a Life Director to attend at least eight (8) meetings of the Board of Directors each year shall cause him/her to lose his/her right to vote, but his/her right as a
Life Director shall not otherwise be affected.

(b) Any Life Director who loses his/her right to vote under subsection (a) above may be reinstated after attending three (3) or more consecutive regular meetings.

Sec. 4 THE PRESIDENT shall be Chairperson of the Board of Directors.

Sec. 5 VACANCIES ON THE BOARD occasioned by death, resignation, or cancellation, shall be filled by appointment of the President upon board approval to fill the unexpired term.

Sec. 6 NATIONAL DIRECTORS – There shall be nominated an Active Builder member to represent each fifty (50) Active Builder members (or fractional part thereof) of  his Association of Home Builders, in accordance with the By-Laws of the National Association of Home Builders.

Sec. 7 STATE DIRECTORS – There shall be nominated Builder and Associate Members in accordance with By-Laws of the Idaho Building Contractors Association to represent the Association in the Idaho Building Contractors Association Board of Directors.

Sec. 8 Meetings of the Board of Directors shall be held as follows:

(a) An Annual Meeting of the New Board of Directors of the Association shall be held immediately following the Annual meeting of the Active Membership for the purpose
of electing officers and considering such other matters as may properly come before them.

(b) Regular Meetings of the Board of Directors shall be held on the third Thursday of each month or such time as the Board may elect.

(c) Any Director who shall be absent from three (3) consecutive regular meetings of the local Board of Directors, or who shall be absent from four (4) such meetings during a calendar year, shall be automatically dropped from office, and the vacancy shall be filled as herein provided upon advance notice to the President or the Association office prior to the business taking place. The Board of Directors may consider absence as excusable in the event it results from attendance at any Building Contractors Association of southwestern Idaho business or any IBCA or NAHB business.

ARTICLE V – (Elective Officers)

Sec. 1 The following Officers shall be elected by the Board of Directors from its members at its Annual Meeting and shall hold office for a term of one (1) year from the date of election or until their successors are elected and duly qualified:

(a) A President, who shall be a Builder Member of the Association, the President shall be the chief officer of this Association and shall preside at its meetings and those of the Board of Directors. He/she shall be the official spokesperson of this Association in matters of public policy. He/she shall appoint all committees, shall be an ex-officio member of all committees, and shall perform all other duties to such office.

(b) A First Vice-President, who shall be a Builder Member of the Association. He/she shall perform such duties as are assigned to him by the President. He/she shall, in the absence of the President, or upon his/her direction, perform all of the duties of the President.

(c) A Vice-President/Secretary, who as Vice President/Secretary shall keep record of all the official proceedings of this Association and its Board of Directors, including reports of special committees, and such other duties as are assigned to him/her by the President, and as are appropriate for this office.

(d) A Vice-President/Treasurer, who as Vice-President/Treasurer shall be responsible to the Association for an accounting of all monies collected and dispersed by the Association and shall render a semiannual report to the Board of Directors and an annual report to the Membership. He/she shall serve as Chairperson of the Finance Committee. He/she shall perform such other duties as are assigned to him/her by the President, and as are appropriate to this office. This is a two year term.

(e) An Associate Vice President shall be responsible to the Board of Directors as the liaison for the Associates. The Associate Vice President will serve for a one year term and be a part of the Executive Committee. There is no past Associate Vice President position. The Associate Vice President will be responsible for the Annual Strategic Planning Meeting.

Sec. 2 SUCCESSION OF OFFICE

(a) In the event of the absence, disability, resignation, or death of the President, the First Vice-President shall act as President of the Association. Should neither the President nor the First Vice President be able to serve for any of the foregoing reasons, then the Vice President/Secretary shall act as President. The office so designated to act as President shall serve until such time as the Board of Directors names from among its members a President to fill out 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 out the unexpired term.

ARTICLE VI – (Voting, Quorums)

Sec. 1 All members of the Association in good standing shall be entitled to vote at meetings of the Membership except as may be provided in other Sections of these By Laws. Firms, corporations, or partnerships holding membership in the Association shall be cast by a duly designated representative.

Sec. 2 A simple majority vote shall decide an issue. The section shall not apply to voting on amendments to these By-Laws.

Sec. 3 No proxy votes are recognized.

Sec. 4 No absentee ballots are recognized.

ARTICLE VII – (Elections)

Sec. 1

(a) There shall be a Nominating Committee composed of the Immediate Past President and four

1. or more members of the Past Presidents Council, appointed by the President. Appointment shall be made each year and notice given to the membership at least 30 days in advance of an election of the Board of Directors.

(b) The Committee shall solicit the membership, consider recommendations, and shall nominate at least one candidate for each office to be filled unless otherwise set forth in the Article. The Committee may resolve questions relating to the nomination of candidates, suggest rules of procedure for the elections and upon direction of the President perform other appropriate duties.

Sec. 2

(a) The Association Directors shall be elected at the Annual Meeting of the Membership. The Nominating Committee shall submit its report thirty (30) days prior to the election. Additional nominations may be made from the general membership, provided that they are submitted in writing to the Association office seven (7) days prior to the election.

(b) Whenever only one nomination for an elective office is presented to the Membership, election shall be by voice vote. Whenever more than one nomination is presented vote shall be by secret ballot. If more than two candidates are named for vacancies on the Board of Directors, the number of candidates receiving the highest number of votes corresponding to the number of vacancies on the Board shall be elected, and nothing shall require any candidate to receive a majority of votes unless the Board directs otherwise.

Sec. 3

(a) The Nominating Committee shall also solicit candidates who are members of the Board of Directors for the offices of First Vice President, Vice-President Secretary, Associate Vice President and shall nominate at least one candidate for each office for election at its annual meeting.

(b) The Nominating Committee shall also solicit candidates for president-elect and shall nominate at least one candidate for this office to be elected at the October Board of Directors meeting. Additionally, the Nominating committee may also solicit candidates for Treasurer-elect and may nominate at least one candidate for this office to be elected at the October Board of Directors meeting.

ARTICLE VIII – (Committees)

Sec. 1 The President with the advice and consent of the Board of Directors shall upon taking office establish Standing Committees for the Association except as may otherwise by specifically provided for in these By-Laws. The standing Committees will consist of but are not limited to:

(a) The Nominating Committee shall be composed of the immediate Past President and four (4) or more members of the Past Presidents Council appointed by the President. Appointment shall be made each year and notice given to the membership at least 30 days in advance of an election of the Board of Directors.

(b) The Membership and Retention Committees shall be composed of ten or more members, both Builder and Associate, and shall meet upon call of the chairperson. One half of the members shall constitute a Quorum. In addition to building the membership, it shall have the responsibility of investigating all applications for membership and recommending action to the Board of Directors. They will be responsible for contacting all delinquent members for retention purposes.

(c) The Finance Committee shall be composed of three Active members and shall be charged with raising adequate funds to insure the proper functioning of the Association’s staff and activities. The Treasurer shall be Chairperson of this Committee.

(d) The Associate Council shall be unlimited as to size and open to all Associate members. This Council shall be charged with the responsibility of effecting communications between the Association and associate members and assisting the Association in the furtherance of its programs and purposes. The Council shall elect an Executive Chairperson which shall be comprised of seven (7) members to include at least the following officers: a Chairperson and a Secretary/Treasurer. One Member of the Executive Committee shall be elected by the Executive Committee to serve on the Association Board of Directors without voting powers in addition to other associate members serving thereon. The Secretary shall have the responsibility of reporting the minutes of each meeting to the Board of Directors of the Association.

The Council shall have the power to regulate its internal affairs in a manner not inconsistent with the Constitution and By-Laws, scheduling of meetings, the establishment of a quorum, and the collection of dues, if any.

All associate members shall have the opportunity to attend all Executive Committee meetings and to submit written motions for action by the Committee.

The Executive Committee shall have the power to act for and on behalf of the Council during regular meetings, such meetings to be held on a monthly basis prior to the monthly meetings of the Association Board of Directors.

(e) The Recipients Committee will be made up of 5 appointees by the President, selected from active members from the Past Recipients group. Members who have not been active or who have breached any confidentiality arising from any of the immediate past meetings of the past recipients committee are not to be appointed. If 5 active past recipients cannot be found to serve, then the president may appoint board members to fill any remaining vacancies provided that the Board members are not nominees. The voting shall be done by secret ballot.

Sec. 2 The Chairperson and members of all Committees of the Association shall be appointed by the President except as otherwise specifically provided in these By-Laws.

Sec. 3 A President may, with the advice and consent of the Board of Directors, remove the Chairperson or members of any committee appointed pursuant to this article.

Sec. 4 There shall be such other committees as may be designated by the Board of Directors, the members of which shall be appointed by the President.

Sec. 5 Meetings of all Committees shall be upon the call of the Chairperson.

Sec. 6 A majority vote in the committees shall decide an issue.

ARTICLE IX – (Rules of Procedure)

Sec. 1 Robert’s Rules of Order shall govern the parliamentary procedure of the meetings of the Association provided for in these By-Laws.

ARTICLE X – (Amendments)

Sec. 1 These By-Laws may be amended by a two-thirds vote of the Members in good standing present at any meeting provided that a copy of any proposed amendments shall have been mailed to each Member of the Association at least ten (10) days in advance.

ARTICLE XI – (Administrative Officers)

Sec. 1 An Executive Vice President may be employed by the Board of Directors at such rate of compensation as it deems fair and proper.

Sec. 2 The Executive Vice President shall serve as the chief administrative officer of this Association. The Executive Vice President shall perform the duties and responsibilities delegated him by the Board of Directors and all other functions usual to such an office.

Sec. 3 The Executive Vice President shall be empowered to employ and supervise an adequate staff to carry on the business of this Association as instructed by the Board of Directors. The rates of compensation shall be those that the Board may deem fair and proper, within the limitations of the fiscal budget.

Sec. 4 The Executive Vice President shall be reviewed annually prior to the first meeting of the Finance Committee. Recommendations of the EVP Review Committee shall be forwarded to the Finance Committee, Executive Committee and Board of Directors.

(a) The EVP Review Committee shall be composed of the President, Immediate Past President and President-elect.

ARTICLE XII – (Executive Committee)

Sec. 1 There shall be an Executive Committee of this Association which shall be composed of the President, who shall be the Chairperson; the First Vice President, Vice President-Secretary, Vice President-Treasurer, Associate Vice President, Immediate Past President, and the Immediate Past Vice President Treasurer. The Executive Vice President is an ex-officio non voting member of the Executive Committee.

Sec. 2 This Committee shall conduct the affairs of the Association in accordance with the By-Laws and the policies and instructions of the Board of Directors. It shall be the policy and steering committee of this Association, and shall be responsible for establishing a budget for financing the Association and for matters of policy and public statement subject to the approval of the Board of Directors.

Sec. 3 This Committee shall meet upon the call of the President, the Board of Directors, or any two of its members. Four members shall constitute a quorum.

ARTICLE XIII – (Membership Card and Emblem)

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

Sec. 2 This Association shall use on all its stationery and literature the official emblem of the National Association of Home Builders.

Sec. 3 Members of this Association may use on their stationery and literature the official emblem of the National Association of Home Builders of the United States.

ARTICLE XIV – (Notices)

Sec. 1 Members shall furnish the Executive Vice President with their official address. The mailing of any notices to the last known official address shall be deemed service of such notice or notices upon them as of the date of mailing.