|The Constitution of the
Back Yard Yacht Builder-Owners AssociationArticle I. Association Name and Purpose
The “Back Yard Yacht Builder-Owners Association”, is a dues paying, non-stock, non-profit organization dedicated to the following goals:
To promote and support the building and enjoyment of wooden boats.
To promote amateur boat building and camaraderie among builders.
To promote family cruising and enjoyment of the great outdoors on the water.
To promote and support member-based fleets and fleet activities.
Article II. Sanctioned Vessels, Chartered Vessels and Modified Vessels
Home-built sailboats constructed to the basic specifications supplied by various wooden boat designers are recognized and sponsored by the BYYB as Developmental-Class Sailboats. These boats are referred to collectively as “Sanctioned Vessels.”
Chartered Vessel refers to any member-owned completed Sanctioned Vessel which meets the qualifications for BYYB sponsorship as outlined below:
Modified Vessel refers to any member-owned completed Sanctioned Vessel which is significantly modified from the basic specifications supplied by the designer in such a way as to change it’s sailing characteristics. Modified Vessels must meet the Home-built and Safety qualifications outlined for Chartered Vessels. In competitive events, Modified Vessels may be required to participate under a handicap system or in a special Modified Division as determined by the current standing BYYB Racing Rules or the Fleet sponsoring the event.
Article III. Membership
Any person with a genuine interest in the goals of the BYYB, a genuine commitment to adhering to the Bylaws of the BYYB, a willingness to support the BYYB with their dues and a desire to participate in BYYB sponsored functions is eligible to join.
Membership in the BYYB is defined by the following classifications
Special Sustaining Member
First Year Dues and Renewal Dues amounts will be set according to the requirements outlined in the BYYB Bylaws.
First Year Dues paid after July 1 will carry over to the next full year.
Renewal Dues will be due December 31 of each year.
Article IV. Executive Committee
The Executive Committee is comprised of a President, Rear Commodore, Secretary and Treasurer, and act as the governing body for the BYYB.
Elected Officers serving as the Executive Committee have the following responsibilities:
Election of Officers
Officers will be elected at a BYYB Annual Meeting for a term of office of two years and not to exceed three consecutive terms. The candidate receiving the highest number of votes cast for each Executive Committee office will be elected.
The Nominating Committee will make nominations for each Office as it deems advisable and forward them to the Executive Committee. The Secretary will post the nominations on the BYYB Organizational BBS at least one (1) month prior to the BYYB Annual Meeting.
Any three (3) members may propose additional nominations by posting on the BYYB Organizational BBS at least two (2) weeks prior to the BYYB Annual Meeting. The Secretary will ensure any valid nominations are presented on the ballot at the BYYB Annual Meeting.
Nominees must post their acceptance of any nomination on the BYYB Organizational BBS in order for a nomination to be considered valid.
Election Notice and Voting
Removing an Officer
Replacing an Officer
Executive Committee Meetings
Executive Committee Meetings will be held utilizing current Internet technology in a private dedicated location of the Membership Areas of the BYYB Website accessible to all members of the committee. The committee may also meet in person or by telephone conference, provided all committee members are notified and the results of the meeting are recorded on this forum in a timely manner. Participation by three of the four Officers on the Executive Committee constitutes quorum and is required to do any official committee business. Affirmative votes by three of the four Officers on the Executive Committee are required to pass any official committee action. If the President is absent, the Secretary will chair the meeting. An Officer who cannot attend a meeting may vote by mail or e-mail on specific proposals that have been previously submitted, and this vote will be counted toward approval and quorum on these specific proposals only.
Article V. Fleets
Fleets are comprised of three or more Chartered Vessels in any geographic area which have been recognized by the Executive Committee as qualifying for Charter.
No Fleet may operate in any manner that would damage or discredit the BYYB as a whole. All Fleets must operate in accordance with BYYB Constitution and Bylaws at all times. The BYYB may adopt specific Bylaws that govern all aspects of fleet governance, membership, and operation.
Article VI. BYYB Annual Meetings and Special General Meetings
BYYB Annual Meetings and Special General Meetings will be held utilizing current Internet technology in a dedicated location of the Membership Areas of the BYYB Website.
All Members with access to the Membership Areas of the BYYB Website may attend, and may express their opinions in any general discussion. Only Full Members may vote on any Ballot. Attendance will be recorded by post in a location provided for sign-in.
BYYB Annual Meeting
The BYYB Annual Meeting will be held for a period of three to seven (3-7) calendar days at a time and place designated by the President.
Notice of the Annual Meeting including time, place, duration and a list of items that have already been placed on the agenda, will be posted on the BYYB Organizational BBS at least two months prior to the meeting, and e-mailed to all Full, Subscribing and Special Sustaining Members at least one month prior to the meeting. An additional reminder of the date and time of the Annual Meeting will be e-mailed to the membership in the week preceding the meeting.
The Executive Committee will present any issues to be discussed or voted upon individually and separate from any ballot in a manner that allows Members to express any comments or opinions that might pertain to the issue.
Officers will present annual reports on the status of their areas of responsibility as directed by the BYYB Bylaws.
Special General Meetings
A Special General Meeting may be called by the Executive Committee or by a petition posted on the BYYB Organizational BBS and signed with an affirmative post by ten-percent (10%) of currently registered Full Members. Notice of Special General Meetings will be by both a post on the BYYB Organizational BBS and by e-mail to all Full, Subscribing and Special Sustaining Members. Meeting date, time and duration will be included in the announcement of the meeting.
Voting at BYYB Annual Meetings and Special General Meetings
At the opening of the meeting, a public ballot for any election or issue requiring approval of the Membership and instructions for voting will be provided.
No votes other than those posted on the public ballot will be counted. Only one vote for each boat whose owner is in good standing will be counted on any particular issue. Where co-owners of a vessel are all registered as Full Members, whether by holding individual memberships or a shared membership, and are required to share a single vote, attendance by any combination of the co-owners will be counted collectively towards quorum. Any co-owner may vote on any single issue, but if more than one co-owner of a single vessel vote on a particular issue, the votes by the co-owners on that particular issue will not be counted unless the conflict is resolved by a vote retraction
At the close of the meeting the public ballot will be closed, and the Secretary will post unofficial ballot results and election outcomes.
Resolving Tie Votes
If, in the judgment of the Secretary and agreed upon by the Executive Committee, the voting process is judged to be compromised to the degree that official ballot results or election outcomes cannot be determined beyond a reasonable doubt, the Executive Committee will call a Special General Meeting to hold a new vote on the issues in question.
The membership of the BYYB may declare the results of any vote or set of votes invalid by a petition posted on the BYYB Organizational BBS and electronically signed by two-thirds (2/3) of currently registered Full Members within one (1) month after the announcement of the official results, and a Special General Meeting will be held to vote on the contested issues.
Article VII. Provisional Committees
Provisional Committees may be formed as required to address BYYB policy or business from Members who express interest in voluntary participation on the BYYB Organizational BBS at the time the committee is formed. Committee members will select a Chairman to represent the committee to the Executive Committee and the Membership. An Executive Committee member may represent the Executive Committee as a non-voting ex-officio member if deemed appropriate. Provisional committees will act in an advisory capacity only, and may only recommend actions or policy changes.
Fleet Commodores have the discretion to appoint committees from fleet members who express interest in voluntary participation to assist in addressing Fleet business.
Article IX. Amending the Constitution
The Constitution may be amended by an affirmative two-thirds (2/3) majority of the actual vote taken at a BYYB Annual Meeting. Amendments may be proposed by any Full Member or by the Executive Committee at any time to be ratified at the next BYYB Annual Meeting. Any motion to amend the Constitution will follow the procedures outlined for Voting at the BYYB Annual Meeting. No amendment will be passed which will render ineligible a Chartered Vessel whose eligibility was previously determined satisfactorily. The basic principles of Articles I, II, III VII and XIII cannot be changed.
Multiple Contradictory Amendments
Challenging Proposed Amendments
Challenges concerning the constitutionality of proposed amendments must be made at least one (1) week prior to the opening of the meeting where they are to be voted on. If there is a challenge, the author of the proposed amendment or action may address the challenge by redrafting the proposal and posting the final modified proposal at least three (3) days prior to the meeting. If a redraft that satisfies the author(s) of the challenge is not provided, the proposal will be presented in the meeting accompanied with the exact language of any challenges, and instructions will require members to vote against the proposal if they believe it is disallowed by the constitution.
Article X. BYYB Bylaws
The BYYB is run according to bylaws adopted by the membership. The Bylaws of the Back Yard Yacht Builders-Owners Association will be posted in a public place at all times.
No Bylaw may be adopted that contradicts the intent or language of the BYYB Constitution. Any action, activity, rule, or regulation regarding the operation of the BYYB which is not specifically directed or prohibited by the BYYB Constitution may be allowed, directed, required, or controlled by the Bylaws.
Amending the Bylaws
Multiple Contradictory Amendments
Article XI. Governing Laws
The BYYB will operate in accordance with the laws of the United States of America at all times, and will obey the laws of any country, state, province or locality where it has a physical presence.
Any part of the BYYB Constitution or BYYB Bylaws found to be in violation of the governing law in any locality will not be enforced in that locality, however all other aspects of the Constitution and Bylaws will remain in effect.
Any part of the BYYB Constitution or BYYB Bylaws found to be in violation of the laws of the United States of America will be immediately suspended, and the language will be addressed by the Membership in a Special General Meeting or BYYB Annual Meeting to correct the violation. All other aspects of the Constitution and Bylaws will remain in effect.
Article XII. Termination of Association
If the BYYB Association disbands, disposal of all assets will be determined at a Special General Meeting.
Article XIII. Intellectual Property
The BYYB recognizes the following trademarks, patents, copyrights or intellectual properties.
The designs of the Sanctioned Vessels are the design and sole property of the applicable designers or Navel Architect.
The BYYB Association logo and all class logos are the design and sole property of the BYYB, and are as indicated in Attachment I of this document.
Article XIV. Standards
The BYYB recognizes the following Standards to be used in all official BYYB documents or transactions.
Units of Measure