Maitreya
Mountain
Village
ByLaws
1. NAME.
The name of the community is Maitreya Mountain Village (referred to hereafter as MMV)
2. PURPOSE
The goal of MMV is to create an environment that serves as a model for collective living. MMV seeks to promote the values of community, ecological sustainability, health, diversity, egalitarianism, and personal growth and awareness. These values are described in detail in the Covenants.
3 DEFINITIONS
3.01. Member. A Council Member or Resident Member
3.02. Council Member: A person who has been formally accepted by other Council Members, has signed a membership agreement, and is residing on MMV property. They are entitled to full participation and share legal authority for making all decisions on behalf of the corporation, including the right to block consensus on a decision. Council Membership has no term and is therefore deemed to be perpetual, except upon termination or expulsion.
3.03. Resident Member: A person that has been formally accepted as a provisional member, has signed a Resident Member agreement, is going through the membership process, and is residing on MMV property. They are encouraged to participate in the decision-making process, however, they do not have legal authority to make decisions on behalf of the corporation. They do not have the right to block a consensus decision. Resident membership lasts for a duration of one year, in which Council Members may agree in consensus to either renew Resident Membership for another term, or can agree in consensus for the Resident Member's acceptance into Council Membership.
3.04. Renter: A person that has been formally accepted as a renter, has signed a rental agreement, and is residing on MMV property. They may or may not be going through the membership process. They are encouraged to participate in the decision-making process, however, they do not have legal authority to make decisions on behalf of the corporation. They do not have the right to block a consensus decision.
3.05. Membership Meeting: A meeting open to all MMV members at which decisions regarding membership, purchase of property, changes in by-laws, and any other matters which the membership deems important may be made.
3.06. Consensus: The process used to make decisions. See Appendix A.
3.07. Regular Consensus Decision: A decision reached by the consensus process by a quorum of Council Members at an appropriately posted membership meeting. Only those Council Members at a meeting have authority to make regular consensus decisions on behalf of MMV. Council Members not present at the meeting need not be consulted.
3.08. All Member Consensus Decision: A decision reached by the consensus process of a quorum of the Council Members at a membership meeting and which all Council Members not present at that meeting must be given an opportunity to support, stand aside, or block.
3.09. Consensus Minus One Decision: A decision used exclusively for issues related to expulsion which functions like an all Council Members consensus decision but excludes the individual whose expulsion is being considered.
3.10. MMV Property: Any land that is owned, rented, or leased by the MMV.
3.11. Personal Living Area: An area MMV has agreed to designate as a specific individual's personal living space.
4. GOVERNANCE
4.01. Governing Body. MMV shall be run by the Council Members. Positions include Facilitator (President), Record-keeper (Secretary), and Treasurer. Additional positions may be created as necessary. Length of service for these positions will be determined by the Council Members.
4.02. Decision Making Authority. Decisions reserved to the Council Members are those dealing with membership, disposition and acquisition of assets, by-laws, articles of incorporation, agreements (policies), dissolution and any other matters which the member deems necessary to decide upon.
4.03. Decision Making Process. The following decisions must be made by an all- Council Member consensus decision: decisions regarding purchase and sale of property over $1,000, taking on of debt over $1,000, accepting members, amending the articles of incorporation or bylaws, and dissolving the corporation. Decisions regarding expulsion of a member must be made by a consensus minus one decision (see definitions). All other decisions are to be made by a regular consensus decision.
4.04. All Member Consensus Decision Contact Procedure. After a decision has been made on an issue that requires an all-member consensus decision, the Council Members present at the meeting must make a reasonable attempt to contact each Council Member not present and to ask each person for written notice of support, stand aside, or block. If successfully contacted the Council Member who was not present at the meeting has 7 days from the time of contact to give written notice of support, stand aside, or block. After the 7 days have passed the individual loses the right to support, stand aside, or block the decision.
4.05. Mediation. If MMV has been unable to resolve a conflict by the conflict resolution process for a period of 30 days, MMV will hire a professional mediator to assist in conflict resolution. If the mediation process fails to resolve the conflict within 14 days the MMV may resolve the matter by a 2/3 vote of all legal Council Members. This vote must take place at a quorum meeting.
4.06. Proxy. Any Council Member that does not attend a meeting may submit their thoughts or feelings about a matter by dating and signing a written statement and leaving it with the facilitator in advance of a meeting. The members at the meeting are expected, but not required, to take these thoughts and feelings into consideration when making decisions.
4.07. Quorum. Two-thirds of the Council Members constitutes a quorum for decision-making at any meeting.
4.08. Meeting Times. Meetings will be held at regularly, as determined by the Council Members.
4.09. Conflict Resolution. All Members will make themselves available for conflict resolution on personal matters between members at the request or with the consent of those involved in conflict as described in the conflict resolution process (See Appendix B)
4.10. Interpretation of Agreements. If an agreement is confusing or subject to interpretation, the members will follow any precedent that has been set regarding the agreement. If no precedent has been set, members will try to determine the intention of the agreement using minutes from meetings and personal recollection.
5. MEMBERSHIP
5.01. Council Members. Council Members consist of:
A) Danny N. Schultz, II, as founder of MMV, will act as the sole Council Member during the calendar year 2009.
OR
B) Resident Members who have been accepted as Council Members by Dan Schultz during the calendar year 2009, or an all-Council Member consensus decision thereafter.
AND
C) are residing on MMV property .
D) have not been expelled or voluntarily terminated their membership.
5.02. Acceptance. Acceptance as a Council Member will be determined by Danny N. Schultz, II, who, as founder of MMV, will act as the sole Council Member during the calendar year 2009, or an all-Council Member consensus decision thereafter. Council Members will use criteria to determine whether a potential member should be accepted as a member. (See Appendix C) Council Members in MMV will not start until the individual has signed a membership agreement, has fulfilled all aspects of agreed upon terms, and has moved into the personal living space designated to him/her.
5.03. Non-Discrimination. Council Membership will not be categorically denied on the basis of race, religion, gender, age, sexual preference, cultural or class background, able-bodiedness, parental status or marital status. MMV may, however, give preference to potential members who will enhance diversity or meet the needs of the community. MMV also endeavors to avoid the influence of personal biases in the selection of new members.
5.04. Terminations.
A) Automatic. An individual's Council Member’s or Resident Member’s membership is automatically terminated when they move out of the MMV residence. An individual shall be considered "moved out" when they are no longer sleeping in and have moved most of their belongings out of their personal living area.
B) Expulsion. A Council Member or a Resident Member may be expelled by a consensus minus one (and related family members) decision. Related family members (husband, wife, sibling, parent or child) of the proposed member to be expelled do not have the ability to block consensus in the expulsion process. The members of MMV may require by a consensus minus one decision that the member who is being considered for expulsion be compelled to leave MMV property until the issue of expulsion is resolved.
C) Voluntary. If a person wishes to terminate their membership by any means other than by automatic termination or expulsion they she/he must give written notice.
5.05. Temporary Relinquishment of Membership. A legal Council Member may voluntarily and temporarily give up their membership for up to 45 days. To do so, they must sign and date a statement stating for how many days they will be voluntarily and temporarily relinquishing membership. During that period, the Council member may not block consensus and will not be counted as a Council Member when a quorum is determined. At the end of the voluntary and temporary relinquishment period, the individual automatically regains Council Membership.
5.06 Leave of Absence. Members may request to take a Leave of Absence in accordance with the Leave of Absence agreement. (See Appendix D)
5.07. Admission. During the calendar year of 2009, Resident Members will be appointed by Dan Schultz. On January 1 st, 2010, new Resident Members may be admitted by an all member consensus decision.
5.08. Expulsion. During the calendar year of 2009, Resident Members may be expelled by Dan Schultz. On January 1 st, 2010, new Resident Members may be admitted by an all member consensus decision.
6. PERMANENT COUNCIL MEMBERSHIP
Permanent Council Membership. The founder, Danny N. Schultz, II is given permanent member status and cannot be expelled from MMV. Other members may earn permanent membership status by maintaining Council Membership for at least a three (3) year period AND a consensus decision to infer Permanent Council Membership status by all Council Members.
A Permanent Council Member may relinquish or terminate their membership my submitting their request for termination in writing.
7. RIGHTS AND RESPONSIBILITIES
7.01. Provisions. The operation of the cooperative during a membership period will include the provision of food, warmth and shelter to the members in exchange for the personal energy (moneys, labor, etc) necessary for sustaining the community as detailed in the membership agreement. (See Appendix E)
7.02. Membership Responsibilities. It is the responsibility of members to make agreements (policies) that further the objectives of MMV and to ensure that all Council Members, Resident Members, renters, and any employees of MMV uphold their responsibilities.
7.03. Equality. The rights and responsibilities of legal members is equal with two exceptions: 1) members who are being considered for expulsion do not have the right to participate in the decision to expel. 2) permanent members are exempt from the process of being expelled.
7.04. Transfer of Membership. Membership is not transferable.
7.05. Private Ownership. While tools, equipment and other assets are expected to be owned and shared by the community, specific personal items of particular and sentimental value are allowed.
8. FINANCES
8.01. Financial Authority. The membership has authority to purchase, own and hold real and personal property and to mortgage this property, to borrow money, execute notes and to undertake other obligations as necessary to accomplish the goals of the cooperative.
8.02. Dedication of Earnings and Assets. The net earnings, properties, and assets of MMV are dedicated to benefit MMV. Any funds accumulated in excess of budgeted reserves will be returned to MMV to expand facilities or services or for other purposes consistent with these by-laws.
8.03. Authorization of Debt. The membership may authorize individuals to incur debt on behalf of MMV. Expenditures and debts over $1000 may only be authorized by an all-member consensus decision.
8.04. Non-Liability. No member of MMV is individually liable for the debts, liabilities, or obligations of MMV. MMV is not liable for the debts, liabilities, or obligations of members on MMV property.
8.05. Records. Current and correct financial records will be kept. Minutes will be taken at all meetings. Any member may inspect these records, and minutes at any time.
8.06. Reports. MMV will prepare an annual financial report within four months of the closing of MMV's fiscal year. It will report the following information about the previous fiscal year: 1) Assets and liabilities; 2) Revenue and accounts receivable 3) Expenses and accounts payable.
8.07. Budget. A budget designed to maintain the long-term financial stability of MMV will be prepared and adopted annually.
8.08. Limited Equity. Return of equity is limited and is not subject to the market value of MMV property. No member shall receive a return of equity greater than the amount they gifted to MMV.
9. DISSOLUTION
9.01. Dissolution Process. The membership may decide to dissolve the corporation by an all member consensus decision. In the event of dissolution, the assets of the MMV must be sold or their possession transferred so as to satisfy any debts owed by MMV. The sale and/or transfer of possession of any MMV property will proceed according to the conditions spelled out in any contracts MMV has entered into that are still in effect. The decision to dissolve may not be effective until the assets of the corporation have been sold or given away.
Money from any sales must be disbursed in the following manner:
1) First, any debts that were secured in exchange for an interest in MMV property must be fully satisfied.
2) If any money remains, any debts that were not secured in exchange for an interest in MMV property must be fully satisfied.
3) All remaining money or assets will be distributed to a foundation not-for profit organization, or non-profit corporation which is organized to promote cooperative living.
9.02. Return of Equity. In the event of a dissolution, no past or present members are entitled to any thus far unpaid return of equity.