|
FLORIDA LAND CRUISER ASSOCIATION
BY-LAWS
Revised: September 24, 2003
Article I - NAME
A. The name shall be FLORIDA LAND CRUISER ASSOCIATION, and also known as FLCA.
Article II - PURPOSE AND AIMS
A. FLCA shall be non-profit in character
B. Bring together and promote the interest of four wheeling
C. Protect as well as enjoy our country 's natural resources
D. Support Local, State and Area Associations
E. Preserve the Land Cruiser legend
Article III - MEMBERSHIP
A. REQUIREMENT:
1. Membership is open to owners of Toyota four-wheel drive vehicles with a low range transfer case and to Associates (businesses).
2. MEMBERS-DUES:
a. To retain an “active member” status, a person must maintain current paid-up membership through one of the following membership options:
i) Individual Membership at $25.00 (U.S. dollars) per year
ii) Additional individual Membership within same household (IE: significant other, son, daughter, etc. with their own vehicle) at $15.00 (U.S. dollars) per year per individual/vehicle
iii) Associate Member-sponsor or business- FLCA Associate membership-$10.00 (U.S. dollars) with verification of active TLCA Associate membership
3. CONDUCT
a. All members must conduct themselves in a reasonable, respectable and orderly action at all FLCA activities
b. FLCA members shall be responsible for their guests, children and pets
c. All members must abide by all Local, State and Federal laws
4. TERMINATION OF MEMBERSHIP: The membership of any member of any classification shall terminate upon occurrence of any of the following events:
a. The resignation of the member.
b. Failure of a member to pay dues, fees, or assessments within sixty days of expiration date.
c. The expulsion of the Member based upon the good faith determination by the Board of Directors that the member has failed in a material and serious degree to observe the association's rules and conduct or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the association.
5. SUSPENSION OF MEMBERSHIP: A member may be suspended based on the good faith determination by the Board of Directors that the member has failed in a material and serious degree to observe the association's rules of conduct or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the association. A person whose membership is suspended shall not be a member during the period of suspension.
6. PROCEDURE FOR EXPULSION: If grounds appear to exist for the expulsion or suspension of a member under ARTICLE III – MEMBERSHIP, subsections 4.C and 5, the procedure set forth below shall be followed:
a. The member shall be given fifteen days' prior notice of the proposed expulsion or suspension. Notice shall be give by any method reasonably calculated to provide actual notice. Any notice given by mail shall be sent by registered mail to the member's last address as shown on the records.
b. The member shall be given an opportunity to be heard, either orally or in writing at least five days prior to the effective date of the proposed expulsion or suspension. The hearing shall be held, or the written statement considered, by the Board of Directors or by a committee authorized by the Board of Directors to determine whether the expulsion or suspension should take place.
c. The Board of Directors shall decide whether or not the member shall be expelled, suspended, or sanctioned in some other way. The decision of the Board of Directors shall be final.
d. Any action challenging an expulsion, suspension, or termination of membership, including a claim alleging defective notice, must be commenced within one year after the date of expulsion, suspension, or termination.
e. Any member, or Associate, shall agree to remove all association decals or logos from the exterior of their vehicle(s) upon selling that vehicle(s) or termination of membership.
Article IV - BOARD OF DIRECTORS
A. BOARD OF DIRECTORS (BOD) will consist of the following:
1. PRESIDENT
2. ADMINISTRATIVE VICE PRESIDENT
3. SECRETARY
4. TREASURER
5. MEMBERSHIP CHAIRPERSON
6. SAFETY OFFICER
7. EVENTS COORDINATOR
8. PUBLIC RELATIONS REPRESENTATIVE
9. LAND ACCESS/USE REPRESENTATIVE
10. TLCA Delegate
11. Webmaster
B. No officer or office shall be added or deleted from FLCA without a majority vote of the BOARD OF DIRECTORS (BOD).
C. The PRESIDENT or his designee shall:
1. Preside over all meetings
2. Have the duty of carrying out the policies and decisions of the BOD
3. Be present at all FLCA events whenever possible
4. Have the authority to delegate his signature authority to any other elected board member when deemed necessary and have co-sign authority on all checks
D. The ADMINISTRATIVE VP will:
1. Work in conjunction with the Treasurer in creating a budget for the BOD
2. Handle any and all FLCA investments and the daily business of the FLCA
3. Preside over all meetings when the President is not present
E. The SECRETARY shall:
1. Keep all FLCA records
2. Take minutes of all meetings and write all correspondence
3. Assume the responsibility of ledger roll call and determine the number of voting delegates present, so it may be known if a quorum is in attendance
F. The TREASURER shall:
1. Keep accurate and complete records of all funds and accounts of the FLCA
2. Collect dues and all other moneys and maintain a record there of
3. Have co-sign authority on all checks
4. Have the records open for inspection by any chapter member
G. The MEMBERSHIP CHAIRPERSON shall:
1. Process all membership applications
2. Maintain a current roster mailing list
3. Designate, with Board of Directors approval, an assistant if necessary
H. The SAFETY OFFICER shall:
1. Safety inspect all vehicles involved in any FLCA event
2. Ban any vehicle for any FLCA event deemed unsafe
3. Maintain all vehicle safety inspection forms for one year
I. The EVENT COORDINATOR will:
1. Setup or assist in the setup of a FLCA sponsored event
2. Interface with TLCA to acquire insurance
3. Interface with the Safety Officer
J. The PUBLIC RELATIONS REPRESENTATIVE will:
1. Assist in the generation of a newsletter
2. Represent FLCA to sponsors/ associate members
3. Interface with the TLCA Delegate
K. The LAND ACCESS/USE REPRESENTATIVE will:
1. Liaison with FL4WDA, representing FLCA’s interests
2. Inform the membership on land use/ADP issues
L. TLCA Delegate will:
1. Be the FLCA liaison with the TLCA, representing FLCA interests
2. Inform FLCA’s membership of current TLCA affairs
M. Webmaster
1. Maintain the FLCA web pages as directed by decision of the BOD
Article V - COMMITTEES
A. Board of Directors shall appoint committees. The President shall appoint each
committee chairperson for a period of one (1) year or until the end of the
President's term in office. All committees are to submit a written report to all
BOD meetings.
B. Standing Committees are:
1. Nomination, functions when needed to acquire nominations for BOD positions & submit them to the BOD.
2. Webmaster, maintains the website, interfaces with the site hosting service & domain name registrar Bylaws, functions when needed to maintain the bylaws.
Article VI - MEETINGS
A. The Board of Directors shall have the right to call a special meeting at any time. There shall be a minimum of three (3) days' prior notice given.
Article VII - ELECTIONS AND VOTING
A. Individual memberships shall have on vote.
B. Additional individual memberships shall have one vote.
C. Associate members shall NOT have a vote.
D. Elections will be held at the last yearly meeting. Voting will be done in person, surface mail, or by e-mail prior to the last meeting. The votes should be counted by three (3) BOD members not named on ballot.
E. A majority will rule for all voting matters unless specified otherwise.
F. The new officers will take office immediately after elections.
G. Only current active members will be nominated. Only current active members will be eligible to vote.
H. Balloting for each office will be in separate successive sequence, starting with the office of President.
I. In the event of a vacancy in the office of Vice President, Secretary, or Treasurer an election by the Board of Directors shall be called to elect a successor. In the event of a vacancy in the office of the President, the Administrative Vice-President shall be the successor.
J. Any officer of the FLCA may be recalled by a three- fourths (3/4) majority vote of the BOD. A quorum must be present.
K. For the purpose of conducting FLCA business, a quorum will consist of “50% plus one” of the filled BOD positions.
Article VIII - EVENTS
A. Chapter events shall be subject to prior approval by the BOD.
B. Safety Officer or his designee has the authority to BAN any vehicle or person deemed UNSAFE to participate in any run or event.
C. All members are responsible to the direction of the Events Coordinator and his/her appointed assistant for the duration of the event.
D. All runs/events shall be conducted in an orderly manner with SAFETY as the prime factor. All events will be subject to the liability release shown in Exhibit A:
E. No member or guest under the age of eighteen ( 18 ) years will be permitted to drive in an event, unless accompanied by, or written permission of, parent or guardian.
Article IX - SAFETY
A. All vehicles will be inspected before any FLCA events by the SAFETY OFFICER or designee.
B. The SAFETY OFFICER has the authority to BAN any vehicle deemed UNSAFE or not complying with the minimum safety requirements, from participating in FLCA sponsored events.
C. Members have the right to appeal the decision of the SAFETY OFFICER to the Board of Directors. the Board of Directors have the final decision.
D. The minimum safety equipment recommended for a FLCA sponsored event is shown in Exhibit B:
Article X - PARLIAMENTARY AUTHORITY
A. The rules contained in the modern Edition of Robert's Rules of Order shall govern the association in all cases where they are consistent with these bylaws. Any special rules of order the FLCA may adopt will take precedent over any rules of order.
Article XI - AMENDMENTS
A. Proposed amendments to the by-laws:
1. May be presented in writing and forwarded to all BOD members in advance of the meeting that the action is to be taken.
2. May be voiced by a motion at the BOD meeting, requires a second and discussion
3. Require a three-fourths (3/4) in favor vote by BOD to pass when a quorum is present
4. Approved amendments take effect immediately
Revised: September 24, 2003
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
FLORIDA LANDCRUISER ASSOCIATION BY-LAWS
EXHIBIT A
EXAMPLE
GENERAL RELEASE AND WAIVER OF LIABILITY AND
INDEMNITY AGREEMENT FORM
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GENERAL RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
The undersigned understands and accepts the following General Provisions:
FLCA is a non-profit organization, which exists in part to
Promote interest in, preservation of and use of Toyota Land Cruiser four-wheel drive vehicles.
Use Land Cruisers to enjoy as well as protect the country's natural resources.
Operation of or involvement with motor vehicles and/or other equipment associated with motor vehicle repair, use or preservation may result in certain hazards which may result in personal loss, liability damage, cost, personal injury or death which at all times shall be the accepted responsibility of the undersigned and at no time shall said personal loss, liability damage, cost, personal injury or death be construed to be the responsibility of the FLORIDA LAND CRUISER ASSOCIATION and/or any of its directors, officers, sponsors, promoters, employees or affiliates.
Operation of a motor vehicle is regulated by various Federal, State and Local rules, regulations and laws. At all times the undersigned shall be responsible for:
Understanding and complying with said laws.
Any loss, liability damage or cost incurred as a result of non- compliance with said rules, regulations and laws.
The undersigned is responsible for the development of a clear and personal understanding of the nature and risks associated with all Florida Land Cruiser Association meetings, activities and events prior to participating in same.
The undersigned is responsible for:
Assessing his/her personal fitness for involvement in any meeting, activity or events, as well as that of his/her invited passengers, family members or guests.
Refraining from any activity which may exceed the health, skills or abilities of the undersigned or those of any passenger, family member or guest.
The owner and/or operator of any vehicle participating in or in route to or from any Florida Land Cruiser Association meeting, activity or event shall be responsible for
The operation of said vehicle; any loss, liability damage cost, personal injury or death incurred as a result of the operation of said vehicle.
Indemnifying and holding harmless for any loss, liability damage, cost, personal injury or death, The Florida Land Cruiser Association or any of its directors, officers, sponsors, promoters, employees or affiliates.
The purchase and maintenance of prudent, necessary and/or required insurance including but not limited to: motor vehicle liability; health; life; and liability damage.
Regardless of any form of help, assistance, advice, support or inspection which may or may not be provided by The Florida Land Cruiser Association or any of its members, directors, officers, sponsors, promoters, employees or affiliates, the undersigned is responsible for his/her vehicle's:
Proper mechanical and structural maintenance;
On or off-road worthiness;
Safety and safety equipment;
Safe operation.
The undersigned shall at all times be responsible for:
His/her personal activities, actions, conduct and behavior;
Any loss, liability damage, cost, personal injury, death or consequences related to said activities, actions, conduct and behavior.
The personal activities, actions, conduct and behavior of any of his/her invited passengers, family members or guests
Any loss, liability damage, cost, personal injury, death or consequences related to said activities, actions, conduct or behavior of said passengers, family members or guests.
The undersigned shall be responsible for:
Exercising good judgment regarding the repair, maintenance, modification and operation of his/her vehicle.
Decisions regarding the acceptance, application or rejection of any solicited or unsolicited advice, support, assistance or help provided by The Florida Land Cruiser Association or any of its members, directors, officers, sponsors, promoters, employees or affiliates. At no time shall The Florida Land Cruiser Association or any of its members, directors, officers, sponsors or affiliates be construed to be responsible for any loss, liability damage, cost, personal injury or death which may arise as a result of the undersigned's acceptance, application or rejection of any advice, support, assistance or help.
The undersigned is responsible for obtaining the appropriate properly completed and signed General Release and Waiver of Liability and Indemnity Agreement from any person, passenger, family member or guest whom the undersigned may invite to participate in any FLORIDA LAND CRUISER ASSOCIATION event.
The undersigned is responsible for communicating the General Provisions listed above to any person, passenger, family member or guest whom the undersigned may invite to participate in any FLORIDA LAND CRUSIER ASSOCIATION event.
Applicant/Member Printed Name and Address:
Name:_____________________________________________________________
Address:___________________________________________________________
City, State, Zip Code:_____________________________________________________________
Telephone Number:___________________________________________________________
The undersigned has read, understands and agrees to accept the General Provisions outlined in this General Waiver of Liability and Indemnity Agreement.
In addition, in consideration for being permitted to Cruisers, the undersigned for himself, his personal representatives, heirs, and next of kin, hereby releases The FLORIDA LAND CRUSIER ASSOCIATION, its officers, directors, promoters, sponsors and employees of all liability to the undersigned, his personal representatives, heirs, and next of kin for any loss, liability damage, cost, personal injury or death which may result from the undersigned's participation in any meeting, event or activity of The Florida Land Cruiser Association
Signed:_____________________________________________
Date:_______________
Rev. September 24, 2003
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
FLORIDA LANDCRUISER ASSOCIATION BY-LAWS
EXHIBIT B
EXAMPLE
SAFETY CHECK FORM
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SAFETY CHECK
MUST READ
The following is a Safety and Equipment check list. Check your rig against this list. It is to your benefit to have a fully functional and properly equipped vehicle. Inspections will be performed at all FLCA and TLCA sponsored or sanctioned events. Failure to comply with the required standards at the time of the inspection will disqualify you from the run.
If you have a problem driving to the run that causes a required safety item to fail inspection, you will have a chance to make repairs and be re-inspected. All determinations of safety violations are the sole judgment of the Safety Officer and will be backed up by the run committee and the FLCA or TLCA Board of Directors.
Date: _______ /_______ /_______ Location:_________________________________
Driver:___________________________ Vehicle model: License:
REQUIRED EQUIPMENT:
Roll Bar - Any open vehicle must have a roll bar firmly attached to vehicle. HT [] BAR []
First Aid Kit
Fire Extinguisher - Must show full charge on gauge and/or have seal intact
Seat Belts - One useable set for driver and each passenger, and will be used
Service Brakes - Must be able to stall engine when idling in 1st gear (2nd gear in 4-speeds)
Parking Brake - Must be able to stall engine when idling in 2nd gear (3rd gear in 4-speeds)
Tires - All tires including spare must have at least 2/32" of tread. Spare must be fully inflated
Tow Rope [] , cable [] , or strap [] ( Winch [] )
Hoses & lines - Water, gas, brake lines. Please do not come to the run with a rig that has excessive leaks. Although is will not disqualify you from the run, it has a very damaging
effect on the environment.
Exhaust System - Must be intact. No open exhaust, excessive noise or excessive smoke.
Steering - Check play in wheel, condition of column and mounting hardware, knuckle arms.
Lights - Brake & Headlights ( Must be working at start of run )
Jack - high-lift type recommended.
Current Vehicle Registration
Current Liability Insurance Coverage
Inspector Initials ____________
OPTIONAL EQUIPMENT:
Running Lights
Turn Signals
Winch & Tow Equipment - Needed for the "Hard Core" runs
Horn
Windshield - No dangerous cracks
Inspector Initials ____________
Nice Things To Take "Equipment":
Tools & Tool Box
Tire Pressure Gauge
Tire Patch Kit
Battery Cables(Jumpers)
Radiator Water
Tire Pump Fan Belt(s)
Cables(misc. Wire Type)
Hand Cleaning Rags
Hand Cleaner
Extra Key
CB Radio
Flashlight & Batteries
Litter Bags(Pack out your trash)
Shovel
Axe
|