NORTH DAKOTA MOTORCYCLE ASSOCIATION, INC.
The name of this organization shall be
NORTH DAKOTA MOTORCYCLE ASSOCIATION, INC. (NDMA)
Preserve and expand the sport of off highway motorcycle riding and
Maintain a nonprofit organization status per state and federal
regulations. None of the associations earnings will benefit any person
or persons having a personal and private interest in the activities of
the association. All association activities are reserved for association
members and guests of the members.
Provide opportunities for fellowship with other motorcycle users via
meetings, competition events, and other activities.
Provide opportunities for motorcycle competition among NDMA members.
The active membership of NDMA shall consist of owners and users of all
types of off road motorcycles, including riders, enthusiasts of
motorcycles, or any other person who supports the use of off road
motorcycles. Membership in NDMA shall be determined on a
nondiscriminatory basis without regard to race, color, religion, gender,
or national origin. NDMA shall administer two classifications of
membership, as noted below.
Individual Membership: For annual dues set on a yearly basis
and published in the current NDMA member hand book, each person enjoys
access to all activities and functions offered by the association. The
term of the individual membership shall be yearly from January 1 thru
December 31 of each year.
One Day Membership: For a one-day membership , which shall be
paid during event registration, each person shall enjoy the opportunity
to participate as a racer in the NDMA sponsored event for which the
registration was paid. One-day membership does not entitle the member to
vote in association business nor does it entitle the member access to
any other activity or function offered by the association. The term of
one-day membership shall be for the one day only, for the day of the
particular event registered for.
Section 2. Voting Each
member in good standing shall be entitled to one vote on each matter submitted to a vote of the membership.
a. Voting at the
general meeting will be a show of hands and counted by the board members or designated representative.
Mail in voting is allowed and will be sent to the NDMA secretary and
remain in the sealed envelope until it can be opened and counted with 2 or more board members present.
c. Email voting is allowed but email will be
sent to 3 or more board members who will print and bring to the meeting
for counting and verification.
Proxy Voting Proxy voting shall be permitted. Parents/guardians that
are voting for a minor child, or Proxies voting for a qualified member
must declare to the board who they are voting for, before the start of
the meeting. Additionally during a show of hands vote, hold up a card
with the childs/members name on it during voting process.
A member may be expelled for conduct unbecoming a member of the
association. The member will be given one (1) verbal warning by the
Board of Directors, which will explain the reason for the possible
expulsion. Upon a second incident the member will be expelled. The
charges must first be made in writing and the accused given a hearing
before the board of Directors. The board shall take evidence and
determine whether the charges are considered proven and the accused
member should be expelled, or the charges are considered not proven and
the accused remain a member of the association. Expulsions shall be one
year for the first offence, two years for the second, and for life for
Meetings of Members
Annual Meeting An annual meeting of the membership for the purpose of
hearing reports from all officers and committees and for electing Board
Members will be arranged by the Board of Directors at a time and place
that is convenient for the majority of the members to attend.
Special Meetings Special meetings of the membership may be called by
the Board of Directors. A special meeting of the membership, must be
called within twenty (20) days, by the President or the Board of
Directors, if requested personally or in writing, by not less than
thirty per cent (30%) of the voting members.
Notice of Meetings A notice stating the place, day, and hour of each
meeting, special or annual, shall be mailed to each member of the
Corporation at least ten (10) days prior to the date of said meeting.
Said notice shall for all purposes, be considered due or legal notice of
the holding of said meeting.
Section 4. Quorum A
quorum shall consist of a majority of the members present in person or
by proxy, at any meeting.
Board of Directors
Section 1. Duties of the
Board of Directors
Perform the essential association activities that must be acted
upon between meetings of the membership.
Formulate and recommend programs and activities to the members of
the association for their consideration and approval.
Identify and help formulate other committees necessary to further
the purpose and functions of the association.
4. Carry on such other business as may be
needed for the well-being and betterment of the association.
5. The affairs of the Corporation shall be managed by the Board of
Directors subject to the instruction of the members of the Corporation
at a regular meeting.
Section 2. Number,
Tenure, and Qualifications
The number of Directors shall be five (5) each of whom shall be a
member of the Corporation or a member of a special member of the
Each Director shall hold office for a period of two (2) years or
until his successor shall have been elected and qualified.
C. Directors terms will be offset so
that no more than Three (3) Directors are replaced at one time.
D. Directors shall be elected at the Annual meeting of the
Meetings The Board of Directors shall meet at the call of the
President. Special meetings of the Board of Directors may be called by
or at the Request of three (3) members of the Board of Directors or upon
the written request of twenty percent (20%) of the membership.
Notice Notice of all meetings of the Board of Directors shall be given
at least three days previous there to by written notice delivered
personally or sent by mail to each director. Any director may waive
notice of any meeting.
Section 5: Quorum A
majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting.
Vacancies Any vacancy occurring in the Board of Directors shall
be filled by election of the Board of Directors. The director elected
to fill the vacancy shall be elected for the un-expired term of his
predecessor in office.
Section 1. Officers
The Officers of the Corporation shall be a President, a Vice-President,
a Secretary, a Treasurer and a Rider Representative.
Section 2. Qualification
and methods of election The Officers shall be elected from the membership and shall be active members in good sanding.
The President and the Secretary shall be elected on
even numbered years, and the Vice President, Treasurer and the Rider
Representative shall be elected on odd numbered years.
Vacancy- A vacancy in any office for any cause whatsoever may be filled
by the appointment of the Board of Directors for the unexpired portion
of the term.
Section 5. The officers
of the Association shall constitute the Board of Directors.
Section 6. President
The President shall preside at all meetings of the Corporation
and of the Board of Directors at which he is present.
Shall exercise general supervision of the affairs and activities
of the Corporation.
Shall serve as a member ex-officio of all committees.
Personally represent the association on proper occasions and
Assist all other officers of the association in their records,
correspondence, and other duties.
Promote interest on the part of member in association life and
Look out for the best interests of the association as a whole.
In the absence of the Treasurer, the President is authorized to
sign and issue checks so long as a record is kept by the Treasurer.
The Vice-President shall assume the duties of the President
during his absence.
Assist in all the Presidents duties.
Manage logistics of association activities, such as meeting, etc.
Section 8. Secretary
The Secretary shall keep records of all the meetings of the
Corporation and of the Board of Directors.
Be custodian of all corporate records.
Send out notices of regular or special meetings.
Handle association correspondence.
Keep copies of Birth certificates.
Keep Totals of race points for year end awards.
Perform other duties that generally fall to that office.
Section 9. Treasurer
Collect dues from all members.
The Treasurer shall receive all corporate funds and deposit them
at the bank approved by the Board of Directors.
Shall pay corporate obligations as directed by the Board of
Maintain association financial records and deliver reports at the
Perform other duties that generally fall to that office.
Section 10. Referee
Preside over event safety.
Investigate any complaints / charges filed by members.
Assist other board members in their duties.
Fees and Dues
Fees and Dues shall be payable in such amounts as may be set from time
to time at the annual meeting of the Corporation. Fees and dues for the
year shall be in the amount set forth in the Members Handbook.
Membership dues will be due the first of the year and must be paid
before the member is allowed to vote or participate in any NDMA
sponsored event. Once the dues are paid they are not refundable.
Section 1. Executive Committee The
Executive Committee shall be comprised of the three (3) Officers of the
Corporation and shall have such powers as may from time to time be
delegated to it by the Board of Directors.
Auditing Committee The Auditing Committee shall consists of three (3)
members of the Corporation not serving as members of the Board of
Directions of whose duties shall be to audit the books and records of
the Treasurer within two (2) weeks next following each annual meeting
and to file a written report of its auditing activities and findings
with the Board of Directions. The Auditing Committee shall be appointed
by the President with the approval of the Board of Directors.
Rules Committee The Rules Committee shall consist of five (5) members
of the Corporation. The Rules Committee shall be appointed by the
President, with the approval of the Board of Directors. The Rules
Committee shall make all decisions with respect to sponsoring and
conducting of competitive events including, without limitations,
determination of protests, and hearing of riders grievances. All
determination of the Rules Committee shall be final unless its decision
is appealed to the Board of Directors by written notice filed within
seven (7) days upon the disputed decision of the Rules Committee.
Should notice of appeal be filed as herein provided, the matter shall be
considered and determined by the Board of Directors within ten (10) days
after notice of appeal shall have been filed and the decision of the
Board shall be final. (In the absents of a Rules Committee the Board of
Directors will act as the Rules Committee.)
Section 4. Special
Committees Special Committees shall be appointed from time to time by
Depository Depository of corporate funds shall be in such federally
insured banking institutions as may from time to time be designated by
the Board of Directors.
Disbursements All corporate funds shall be disbursed only by check
signed by the President or Treasurer and shall be made in payment of
only such obligations that have been authorized to be paid by the Board
Borrowing Upon authorization by the Board of Directors in the form of
an appropriate resolution, the corporation may borrow funds from any
person or persons natural or artificial. All evidence of corporate
indebtedness shall be executed by the President and the Treasurer.
Section 1. Fiscal Year
The Fiscal year of the Corporation shall be the calendar year. 1 January
to 31 December
Section 1. Amendments These By-laws may be
amended, repealed, or altered, in whole or in part, by a majority vote
of the members at any duly organized meeting of the members.
Section 1. Finances This Corporation is not
intended as a profit-making organization, nor is it founded with the
expectations of making a profit, all as is more specifically set forth
in Article V. of the Articles of Incorporation, thought some of its
activities may be reflected in a pecuniary advantage to its members.
This corporation shall use its fund only for objects and purposes
specified in these By-laws.
Bonding Persons entrusted with the handling of corporate funds may be
required, at the discretion of the Executive Committee, to furnish, at
Corporation expense, a suitable fidelity bond.
Racing Rules and Regulations
Section 1, Racing rules,
regulations and scheduling of competitive events shall be promulgated annually at the annual meeting of the Corporation.
Racing Rules and regulations including scheduling of races or other
competitive events for the Racing year shall be as set forth in the
De-sanctioning of Races and other Competitive Events
The Board of Directors may, at its discretion and upon good cause shown
at that time, de-sanction a previously scheduled race or competitive
event and may designate the power to so de-sanction to such committee
individual or individuals, as may from time to time be designated. The
election to de-sanction a race or competitive event if made other than
by the Board of Directors as a whole, shall be subject to appeal to the
Board of Directors. Procedure for appeal shall be the filing of a
written notice setting forth the grounds for appeal directed to the
President or the Secretary within seven (7) days following the disputed
determination. In the absence of a notice of appeal, the determination
of de-sanction shall be final.
Section 2. The Board of
Directors may, at its discretion and upon good cause shown at the time,
place a promoter/promoting club on probation and not allow a promoter or
promoting club/group to hold an NDMA sanctioned race/event. Reasons for
this decision will be given to the promoter/promoting club, in writing
by the Board as a whole, or one Board Representative. The
promoter/promoting club will have to present a plan to the Board which
outlines its intended corrections/solutions to the original problems. If
this plan meets the approval of all the Board members and after the
conditions of probation have been successfully met as set forth in the
promoters handbook, the promoter/promoting club will be allowed in apply
for a NDMA sanctioned race/event.
Section 1. NDMA will not
assume responsibility for injuries incurred or caused by any person including non-members engaged in association activities.
Section 2. Any person
engaging in association activities does so at their own risk.