BYYB Constitution

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.
The Back Yard Yacht Builder-Owners Association is governed by this Constitution, which will remain posted in a public place at all times. The Back Yard Yacht Builder-Owners Association may also be referred to as the “Back Yard Yacht Builders Association”, the “BYYB Association”, or most commonly as the “BYYB”.

Article II. Sanctioned Vessels, Chartered Vessels and Modified Vessels

Sanctioned 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 Vessels

Chartered Vessel refers to any member-owned completed Sanctioned Vessel which meets the qualifications for BYYB sponsorship as outlined below:
Specifications:
The Vessel is constructed to the basic specifications supplied by the designer or Navel Architect.

Home-built:
The Vessel was constructed by hand by the Owner or a Previous Owner. No mass-produced or manufactured copies of the Vessel designs will be eligible.

Safety:
The Vessel is constructed to be safe, maintained in safe working order, and is operated in accordance with local safety regulations. The responsibility for safe construction and operation lies entirely with the Vessel’s Owner. The BYYB accepts no responsibility for the inspection of Vessels owned by its membership, but will not knowingly sponsor unsafe Vessels.
Modified Vessels

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

Eligibility

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 Classification

Membership in the BYYB is defined by the following classifications

Full Member
Any Member who qualifies as either an Owner or Builder of a Sanctioned Vessel as defined below:

Owner
Any current owner or co-owner of a single completed Sanctioned Vessel that is “ready to sail.”
Builder
Any person in the process of building a Sanctioned Vessel, providing the first major assembly shown in the plans has been completed.
Only full members may vote and hold office. Where a Sanctioned Vessel is owned in good faith by more than one person, all are entitled to join at the Full Member level with their individually paid dues, but are limited by one vote per vessel. Co-owners or families may share a single paid individual Full Membership but are limited to the rights granted to that single membership.

Subscribing Member
Any person who is not an Owner or Builder, but who holds an interest in being a member of the BYYB may become a Subscribing Member. Subscribing Members are not eligible to vote or hold office.

Special Sustaining Member
In recognition of the fact that without their creativity, neither the supported vessels nor this Association would exist, the principals and management of the firms furnishing the designs built by our membership are granted the status of Special Sustaining Members. Special Sustaining Members are not eligible to vote or hold office but are encouraged to actively assist and support the building of their designs by our membership.

Sustaining Member
Interested members of the business community that directly support amateur boat building may become Sustaining Members. Sustaining Members are not eligible to vote or hold office and have no other specifically guaranteed membership rights.

Charter Members
Any Full Member who joined the BYYB before January 1, 2000 will be considered a Charter Member.
Membership Dues

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.

Officer Responsibilities

Elected Officers serving as the Executive Committee have the following responsibilities:

President
The President serves as the Chairman of the Executive Committee and is responsible for presiding at meetings, ruling on procedure and jurisdiction, summarizing decisions and appointing provisional committees or positions when required.

Rear Commodore
The Rear Commodore is responsible for coordinating the formation and chartering of new Fleets, overseeing Fleet activities, maintaining current records of all Fleets Charters and Fleet Members, and acting as the official contact between the Fleets and the Executive Committee.

Secretary
The Secretary is responsible for overseeing all official BYYB correspondence, overseeing voting by the membership, recording the minutes of meetings and maintaining current records of all current and past Members, Chartered Vessels and assigned Registry Numbers.

Treasurer
The Treasurer is responsible for receiving and processing all dues and fees paid to the Association; depositing funds in the depository approved by the Executive Committee, disbursing all funds required for official BYYB business, keeping accurate financial ledgers of all BYYB financial transactions, and disclosing the sums and nature of these financial transactions to the membership on a quarterly basis in a form determined by the Executive Committee.

Past President
The immediate Past President is a non-voting ex-officio member of the Executive Committee.
If due to circumstance an officer cannot perform a specific duty of their office, another Officer may stand-in to perform that specific duty.

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.

Nominations
The President will appoint a Nominating Committee at least two (2) months prior to the BYYB Annual Meeting, and the names of the members of this committee will be posted on BYYB Organizational BBS at this time.

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
Notice of the Election will be conducted as a part of notifying the Membership of the BYYB Annual Meeting. All voting will be conducted as outlined under Voting at BYYB Annual Meetings and Special General

Removing an Officer
A petition posted on the BYYB Organizational BBS, electronically signed by two-thirds (2/3) of currently registered Full Members will immediately remove any officer from their position.

Replacing an Officer
In the event an Officer is removed from the Executive Committee by the membership, is absent-without-leave for an extended period of time, voluntarily resigns or cannot otherwise fulfill the requirements of their position, the Executive Committee may appoint an acting replacement for the position. The acting replacement for the position must either be ratified at the next Annual Meeting or Special General Meeting or be replaced through a nomination and election process.

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.

Commissioning
Any three (3) or more Full Members with individually paid memberships and representing three (3) or more chartered vessels in any geographic area may apply to the Executive Committee for a Fleet Charter by submitting a written Request For Charter to the Rear Commodore, provided that an organized and chartered BYYB Fleet does not already exist in that area.

Fleet Officers
Each Fleet will select a Fleet Commodore. The Fleet Commodore is responsible for maintaining communication between the Fleet and the Executive Committee, reporting directly to the Rear Commodore, and is responsible for all fleet activities. Fleets may elect additional Fleet Officers at their discretion as the need arises.

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.

Quorum
Attendance by two-thirds (2/3) of Full Members either in person or by Absentee Ballot must occur in order to constitute a quorum and count any vote taken as valid. In the event quorum is not achieved, the meeting will automatically be extended by five (5) days. All Full Members will be notified of this extension by e-mail and by post on the BYYB Organizational BBS.

Absentee Ballots
Votes may be cast by Absentee Ballot. An absentee ballot form and instructions for absentee voting will be provided on the BYYB Organizational BBS at as soon as is practical in advance of the meeting. Absentee Ballots will be counted toward quorum requirements for the meeting, but will only be counted as a vote on the specific proposals listed on the ballot. Absentee Ballots received prior to close of the meeting will be recorded on the public ballot.

Resolving Tie Votes
If a tie vote occurs, the meeting will automatically be extended an additional five (5) days to allow members to debate the merits of the contested issue and a new vote will be taken. All Full Members will be notified of this extension by e-mail and by post on the BYYB Organizational BBS.

Challenges
Within a Challenge Period of one (1) week past the posting of unofficial ballot results and election outcomes, any Full Member may challenge any vote count or the voting process by posting their objection as an official challenge on the BYYB Organizational BBS. The Secretary will review all challenges within one (1) week following the close of the Challenge Period, correct any errors, and post official ballot results and election outcomes.

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.
Limited Scope of Amendments
A single amendment to the Constitution may add, delete, or change a single article of the Constitution, or it may change multiple articles of the Constitution for one purpose.

Multiple Contradictory Amendments
If multiple amendments are proposed that would contradict each other, the Secretary will group these items together on the ballot. Members will be instructed to vote for all versions they would support passing, and against all versions they would oppose passing. Only the version with the highest number of affirmative votes and that meets the majority vote requirement will be adopted.

Challenging Proposed Amendments
Suggestions for rewording a proposed amendment for clarity may be offered by any member and may be considered and incorporated by the author(s) of the amendment, by posting a final modified proposed amendment at least three (3) days prior to the meeting.

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.

Adopted Amendments
Approval of an amendment by the membership of the BYYB will be considered as a decision by the membership that the amendment complies with the requirements for amendment. Once adopted, an amendment is considered a part of the constitution and any revisions must be addressed through the amendment process at the next Annual Meeting or Special General Meeting.

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
The BYYB Bylaws may be amended by an affirmative majority of more than one-half (1/2) of the actual vote taken at a BYYB Annual Meeting or a BYYB Special General 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 Bylaws will follow the procedures outlined for Voting at BYYB Annual Meetings and Special General Meeting. Amendments to the bylaws may be structured in any manner appropriate to serve the goals of the membership.

Multiple Contradictory Amendments
If multiple amendments are proposed that would contradict each other, the Secretary will group these items together on the ballot. Members will be instructed to vote for all versions they would support passing, and against all versions they would oppose passing. Only the version with the highest number of affirmative votes and that meets the majority vote requirement will be adopted.

Provisional Amendments
The Executive Committee may adopt Provisional Amendments to the Bylaws at any time. Any adopted Provisional Amendment will be in force until the next Annual Meeting or Special General Meeting where it will be voted on by the Membership. Challenges to suspend a Provisional Amendment may be brought by the Membership at any time by calling a Special General Meeting.

Adopted Amendments
Approval of an amendment by the membership of the BYYB will be considered as a decision by the membership that the amendment complies with the requirements for amendment. Once adopted, an amendment is considered a part of the Bylaws and any revisions must be addressed through the amendment process at the next Annual Meeting or Special General Meeting.

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.

Language
English

Currency
United States Dollar ($) (USD)

Units of Measure
Commonly accepted units of weights and measure as used in the United States