Bylaws of the DeKalb Area Rental Association (DARA)
Adopted: July 28, 2011
Article I: The DeKalb Area Rental Association annual year starts January 1. The name of the organization shall be The DeKalb Area Rental Association (DARA)
Article II: Purpose
The purpose of this organization shall be:
- To Advance the general welfare of the rental property industry
- To network in an interchange of information and experience with State and Local affiliated associations.
- To encourage within the rental industry an appreciation of the objectives and responsibilities of rental property owners and managers in providing quality housing and promoting quality neighborhoods.
- To promote the enforcement of Local, State and Federal laws applicable to rental property and private property rights.
- To disseminate useful information to all members and to educate themselves in the daily operations of their rental property.
- To promote and maintain high standards of conduct in the rental property business as expressed in the Code of Ethics.
- To monitor and influence existing and proposed local and state rental property legislation.
Article III: Membership
There shall be two types of membership in the Association as follows
- Primary Members – Primary Members pay annual dues and have voting privileges. A Primary Member is described as anyone who is actively involved in the management or ownership of residential or commercial rental property in DeKalb County, has submitted an application for membership and has been approved by the Board of Directors.
- Affiliate Business Members – Affiliate Business Members pay sponsorship dues, have NO voting privileges. An Affiliate Business Member is described as a business and/or association that would benefit DARA (i.e., Contractors, supply vendors, Banks, Lawyers, etc.). Affiliate Business Membership would be approved by the Board of Directors.
Article IV: Dues
The Board shall determine the amount of the annual membership dues. All Membership dues are due January 1st of each year. Dues will be paid on an annual basis. If a member joins during the year, they will be prorated dues. Any member whose dues are not paid within 30 days will be suspended from membership.
For the inaugural year (2011) of DARA, a charter base membership fee of $150 will be due October 1, 2011.
Article V: Officers and Directors
Section One: Terms of Office
The administration of the affairs of the Association shall be vested in a 7 member Board of Directors composed of:
- The elected officers (Executive Committee), President, Vice President, and Secretary/Treasurer serve a one-year term. The officers shall be elected by the membership.
- The board will consist of 4 additional directors serving two-year terms. After the term is complete, the director may be re-elected if the general membership votes accordingly. Two will be elected each year to serve a 2-year term.
Section Two: Resignation and Removal
A Director may resign at any time upon written notice to the Board. Two unexcused absences in any calendar year from Regular Meetings may qualify a Director for removal upon approval of a majority of the remaining Directors. The President will notify the Director of that fact via certified mail service. In addition, the Board may remove a Director with or without cause by a two-thirds vote of the Board at any time with due notice given to all parties.
Section Three: Conflict of Interest
It is permissible for the Board to contract the services, products, or goods, etc. of a Director. To insure a conflict of interest does not exist between Directors and DARA a Director shall make full disclosure of any proposed business transaction and refrain from voting on or otherwise influencing any decisions regarding said transactions.
Section Four: Executive Committee
An Executive Committee composed of all officers shall be responsible to the Board of Directors for conducting the ordinary business of the Association. This responsibility will include the formulation of plans and policies, approved by the Board of Directors.
Section Five: Duties of Officers
President – The President shall be the chief elected officer of the Association and shall preside at its meetings and those of the board of Directors and Executive Committee. The President shall represent the Association and act in its name subject to its declared policies. He shall be a co-signature of Association contracts and other obligations, which are approved by the board of Directors. The President shall be an ex-officio voting member of all committees, except the nominating committee, and shall perform all other duties usual to such office.
Vice President – The Vice President shall perform the duties of the President in the event of absence or disability of the President. The Vice President shall serve as chairman of a committee.
Secretary/Treasurer – The Secretary/Treasurer shall keep the records of the Association and shall keep the minutes of all meetings of the Board of Directors and the Executive Committee. The Secretary/Treasurer shall be the chief financial officer of the Association and shall serve as chairman of the Finance Committee. The Secretary/Treasurer shall supervise the custody and the disbursement of the Association funds and other Assets, shall be the custodian of the financial records of the Association, and shall have charge of the investment of the Association’s funds, subject to the direction and approval of the board of directors. The Secretary/Treasurer shall be co-signature of all Association checks. The Secretary/Treasurer shall render to the board of directors, at their regular schedule meetings, an accounting of the financial condition of the Association. All disbursements shall be by check, signed by any two of the three authorized co-signatures. The co-signatures may be (1) the President, (2) the Secretary/Treasurer, (3) and the Vice President. The Board may designate alternate co-signatures from the Board of Directors by resolution of the Board.
Article VI: Meetings
Regular quarterly meetings of the Association shall be held at the time and place designated by the board of directors. An annual meeting shall be held in October at a time and place designated by the board of directors, at which time the new officers shall be elected and reports shall be made by the Executive Committee regarding the status of the Association. Notice shall be at least 30 days in advance.
Within a period of thirty (30) days following the conclusion of each fiscal year, the Board shall cause to be carried out an appropriate review of the financial affairs of the Association together with the preparation of a financial statement, a copy of which, forthwith after approval by the Board, shall be distributed to all Members and Associate Members in good standing.
The fiscal year of the Association shall end on the 31st day of December each year or on such other date as the Board may from time to time, by resolution, determine.
The Board of Directors shall meet quarterly and for special meetings called by the President or two of the directors. Special meetings may be called with at least 48 hours advance notice by email. A majority of the directors shall constitute a quorum. When a quorum is present, a majority of the voting members shall decide any matter properly brought before the meeting.
Article VII: Nominations & Elections
Nominations of Officers and Directors shall be published 30 days prior to the annual meeting, and election of Officers and Directors shall take place at the annual meeting. Nominations for officers and open directorship shall be made to the nominating Committee by any member each year at least 30 days prior to the election. Voting procedures shall be determined by the board of directors, and the nominee receiving the majority of the votes cast shall be declared elected. And if more than one director is to be elected, the nominees receiving the second most, and the third most votes shall be declared elected and so on, until all vacant directorships are filled. (Nominations presented in September, voted on in October). [Target meeting months of January, April, July and October]
Article VIII: Committees
- The nominating committee shall consist of (1) One director, whose term shall not be expiring in the year of appointment, to serve as chairman. The appointment shall be made by the President. (2) Two members of the Association, to be selected by the chairman. (3) Others person(s) as determined by the chairman.
- Committees are as follows: Membership, Program, Legal, Website/PR and Government/Legislative Review.
- Any other standing and special committees may be appointed or eliminated by the President of the Association with the approval of the board of directors.
Article IX: Headquarters
The office of the Association shall be designated by the board of directors.
Article X: Limitations of Liability
The DeKalb Area Rental Association shall not be liable for any acts, expenditures, or commitments of individuals unless such acts, expenditures, or commitments shall have been approved by the Board of Directors and recorded in the minutes of the Association. The DeKalb Area Rental Association shall maintain director and officers insurance at all times.
Article XI: Indemnification
The corporation shall indemnify any and all of its directors or officers or former directors or officers or any person who may have served at its request, against expenses actually and necessarily incurred by them in connection with the defense or settlement of any action, suit or proceeding in which they, or any of them, are made parties, or a party by reason of being or having been directors or a director or officer of the corporation, except when such officer, director, agent, former officer or former director shall be determined in such action, suit or proceeding to be liable for willful misconduct in the performance of duty.
Article XII: Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the DeKalb Area Rental Association in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order DeKalb Area Rental Association may adopt.
Article XIII: Amendments
These Bylaws may be amended by an affirmative vote of two thirds of the members present at any regular, annual or special meeting of the Association, provided the proposed amendments were first approved by the board of directors and that such proposed amendment had been published in writing at least ten days prior to the meeting in which action is to be taken.