Bylaws

Article II

Bylaws

Article I - Members Article II - Membership Suspension and Termination Article III - Meetings of Members Article IV -Directors Article V - Meetings of Directors Article VI - Officers Article VII - Contracts, Checks and Deposits Article VIII - Non-Profit Operation Article IX - Access to Association Records Article X - Sale or Lease of Assets of the Association Article XI - Miscellaneous Download By Laws (pdf)

MEMBERSHIP SUSPENSION AND TERMINATION

Section 2.01.   Suspension; Reinstatement

Section 2.01. Suspension; Reinstatement
Upon the failure, after the expiration of the initial time limit prescribed in a specific written notice to a member, to pay any amounts due the Association, a person’s membership shall automatically be suspended; and such person shall not during such suspension be entitled to receive electric service from the Association or to cast a vote at any meeting of the members. For any other noncompliance with membership obligations, the Board of Directors may suspend such member fi ve (5) days after notice of such noncompliance is given. Payment of all amounts due the Association, including any additional charges required for service reinstatement, and/or cessation of any other noncompliance with his membership obligations within a fi nal time limit provided in such notice or rules and regulations shall automatically reinstate the membership, in
which event the member shall thereafter be entitled to receive electric service from the Association and to vote at the meetings of its members.
Section 2.02. Termination by Expulsion; Renewed Membership Upon failure of a suspended member to be automatically reinstated to membership as
provided in Section 2.01, the member may, without further notice, but only after due hearing if such is requested by the member, be expelled by resolution of the Board of Directors at any subsequently held regular or special meeting of the Board. Any person so expelled may, by delivering written notice to that effect to the Association at least ten (10) days prior to the next meeting of the members, appeal to and be present and heard at said meeting, at which members may vote approval of such expulsion or disapproval thereof, in which the latter event such person’s membership shall be reinstated retroactively to the date of expulsion. After any fi nally effective expulsion of a member, such person may not again become a member except upon new application therefore duly approved as provided in Section 1.05. The Board of Directors, acting upon principles of general application in such cases, may establish such additional terms and conditions for renewed membership as it determines to be reasonably necessary to assure the applicant’s compliance with all membership obligations.

Section 2.03. Withdrawal of Membership
Any member may withdraw from membership upon payment in full of all debts and liabilities of such member of the Association and upon compliance with such terms and conditions as the Board of Directors may prescribe, thus terminating membership and service.

Section 2.04. Termination by Death or Cessation of Existence, Continuation of Membership in Remaining or New Partners
Except as provided in Section 2.06, the death of an individual human member shall automatically terminate membership. One who is not a joint member, but who continues to reside at the location receiving service may succeed to the membership upon application therefore subject to the provisions of Section 1.01, and upon proper assignment or proof of legal entitlement. The cessation of the legal existence of any other type of member shall automatically terminate such membership; provided, that upon the dissolution for any reason of a partnership, or upon the death, withdrawal or addition of any individual partner, such membership shall continue to be held by such remaining and/or new partner or partners as continue to own or directly to occupy or use the premises being furnished electric service pursuant to such membership in the same manner and to the same effect as though such membership had never had different partners; provided further, that neither a withdrawing partner nor his estate shall be released from any debts then due the Association.

Section 2.05. Effect of Termination
Upon the termination in any manner of a person’s membership, or his estate’s, as the case may be, said member shall be entitled to a refund of the membership fee (and to his service security deposit, if any, theretofore paid the Association), less any amount due the Association; but neither the member nor his estate, as the case may be, shall be released from any debts or other obligations then remaining due the Association. Notwithstanding the suspension or expulsion of a member as provided for in Sections 2.01 and 2.02, such suspension or expulsion shall not, unless the Board of Directors shall expressly so elect, constitute such release of such person from membership obligations as to entitle him to purchase from any other source, any central station’s electric power and energy for use at the premises to which such service has theretofore been furnished by the Association, pursuant to such membership.

Section 2.06. Effect of Death, Legal Separation or Divorce upon a Joint Membership
Upon the death of either spouse of a joint membership, such membership shall continue to be held solely by the survivor, in the same manner and to the same effect as though said membership had never been joint; provided that the estate of the deceased spouse shall not be released from any debts due the Association. Upon the legal separation or divorce of the holders of a joint membership, such membership shall continue to be held solely by the one who continues to directly occupy or own the premises covered by each membership in the same manner and to the same effect as though such membership had
never been joint; provided that the other spouse shall not be released from any debt due the Association.

Section 2.07. Board Acknowledgement of Membership Termination; Acceptance of Member Retroactively
Upon the termination of a person’s membership for any reason, the Board of Directors as soon as practical after such termination is made known to it, shall by appropriate resolution formally acknowledge such termination, effective as of the date on which the Association ceased furnishing electric service to such person. Upon discoverythat the Association has been furnishing electric service to any person other than a member, it shall cease furnishing service unless such person applies for and the Board of Directors approves, membership retroactively to that date on which such person fi rst began receiving such service; in which event the Association, to the extent practical, shall correct its membership and all related records accordingly; provided that if the Association acquires facilities which are already providing electric service to patrons not members of the Association, the Association may continue furnishing such preexisting service without requiring such patrons to become members if to do otherwise would create hardship, but in no event shall such non-member patron revenue exceed fifteen percent (15%) of the total revenue received by the Association.