Bylaws - Twin Oaks
Revised Bylaws of Twin Oaks Community Incorporated
ARTICLE I. Definitions and Purpose.
Paragraph One. Definitions.
A. Twin Oaks Community, Incorporated (hereinafter "Twin Oaks" or "the Community") is an intentional community owned and operated by its members, who act in accordance with its Statement of Religious Beliefs and Practices, share all income and expenses, rear their children communally, and are collectively responsible for all the needs of the Community's members and children, including food, clothing, shelter, medical care, education, and other needs and amenities considered desirable, insofar as the Community is able to provide them.
B. Throughout these Bylaws, "the Community" is used in a sense that implies that the Community makes decisions or takes actions. All such references shall be interpreted as meaning that the responsible officers or directors of the Community make the decision or take the action referred to unless otherwise specified to mean the voting membership of the Community.
C. Whenever in these Bylaws the word "member" or "membership" is used without the qualifying adjectives "full" or "provisional", the word shall be taken to apply to all provisional, intermediate, and full members.
D. The term "members in transition" shall mean members during their first seven days of membership, or such portion of that time as is provided for by community policy, and members during their final four weeks of membership, or such portion of that time as is provided for by Community policy.
E. The terms "voting membership" and "voting members" shall in all cases mean the full membership, except for members in transition, and shall exclude the provisional membership.
F. The word "co" shall mean "she or he"; "cos" shall mean "hers or his"; "coself" shall mean "herself or himself".
Article I -- Definitions and Purpose
Paragraph Two. Purpose.
Together our aim in to perpetuate and expand a society based on cooperation, sharing, and equality:
A. Which serves as one example of a cooperative social organization, relevant to the world at large, and promotes the formation and growth of similar communities;
B. Which strives to treat all people in a kind, gentle, honest, and fair manner, without violence or competition;
C. Which assumes responsibility for maintaining the availability of natural resources for present and future generations through ecologically sound production and consumption;
D. Which in the behavior of individuals and of the Community strives to eliminate the attitudes and results of sexism, racism, ageism, and competitiveness;
E. Which has no special privilege or benefit associated with positions of responsibility, and does not permit the power or influence necessitated by efficient government to differentially promote the welfare of the governing group, or of any other subgroup;
F. Which assumes responsibility for the material and social needs of its members, according to the principle "from each according to cos ability; to each according to cos need"; and
G. Which strives to be self-reliant by producing for itself the goods and services necessary for the maintenance of the Community.
Paragraph Three. Implementation.
The Definitions and purpose stated above shall be implemented through:
article I--Definitions and Purpose
A. Intentionality in our planning and daily functioning to discover and encourage the most desirable behaviors for individual members and the most desirable goals and methods of functioning for the Community as a whole;
B. A system of internal economics that hold all land, labor, and other resources in common, and makes the material benefits of the Community available to all members equally or according to need;
C. A general practice of respecting the liberty of each individual member to as great an extent as is consistent with the well being of the Community and the laws of the government in whose jurisdiction it lies;
D. A participatory form of government in which the voting members have either a direct vote or the right of impeachment or overrule;
E. A collective form of maintenance, care, education, and responsibility for all children residing in the Community;
F. An emphasis in the Community's social policy and practices on fostering responsibility and commitment, on cooperation rather than competition, and on affirming rather than punishing means for changing behavior;
G. A general practice of open membership, so as the potential member's acceptance is consistent with the purposes and social needs of the Community and with the happiness of its members;
H. An insistence on the non-involvement by all members in acts which are defined by the Community as conflicting with the purposes and policies set forth in this Article.
Paragraph Four. Use by Other Parties
In no event shall the resources or facilities of this Community be used to further in any manner any project, activity, or purpose of any group or individual that is inconsistent with the purpose of the Community as set forth in this Article.
ARTICLE II. Membership.
Paragraph One. Membership Agreement.
The Community shall at all times have a form of a membership agreement, a copy of which shall be filled out and executed between the Community and each member of the Community. Said form of said agreement is attached to these Bylaws as Exhibit 1, and may be amended by the same procedure as this Article of these bylaws. Upon amendment of said form of said agreement, each member of the Community shall acknowledge the change(s) by executing with the Community a new agreement as amended.
Paragraph Two. Classes of Membership.
Membership in the Community consists of provisional members, and full members.
A. Applicants may become provisional members after having been accepted as such by established Community procedures in accordance with and upon approval of the Board of Directors of the Community provided that such applicant signs a membership agreement with the Community within four weeks after beginning such membership.
B. Provisional members may become full members six months after joining the Community by signing a membership agreement as such, if they are accepted as full members by established Community procedure in accordance with and upon approval of the Board of Directors of the Community.
C. If a member voluntarily terminates cos membership in the Community, or cos membership is involuntarily terminated as provided in paragraph Four of this Article II, co shall not be entitled to a return of any property which co may have donated to the Community. No member nor cos heirs nor cos assigns shall have any claim or right, title, or interest in any property of the Community on account of the services performed by such member for or on behalf of the Community during cos period of membership.
D. Members under the age of eighteen years shall have all the rights and duties of their membership class except such as may be determined to be legally inappropriate to minors.
Paragraph Three. Requirement for Membership.
Assuming that the Community is financially and otherwise able to accept new members, membership is available without financial requirements, to any person who is deemed to be a desirable member by the Community.
Paragraph Four. Termination
A. The term of membership (provisional and full combined) is for life of the member, unless voluntary termination of membership or expulsion occurs.
B. Voluntary termination consists of a public statement by a member that co is resigning membership, which shall include, however, a member's departure from the Community, and interpretation by the Community that co intended to terminate cos membership. The effective date of termination shall be set by the member with the consent of the Community, and shall be designated on the leaving document signed by the leaving member. If the member fails to set such a date, the date shall be set by the Community.
C. In the event that a member, after leaving the Community as above described, shall change cos mind with 30 days and wish to return, the Community may, at its discretion, re-admit co to cos former status and treat the intervening time as if it had been a vacation. However, under these circumstances the Community is not obliged to provide the same housing or work or positions of responsibility that the member formerly had. Any spending of money or other financial transactions in which the member may have engaged during the interim which shall viewed retroactively, be seen to have violated the Property Code (Article IV thereunder) shall be dealt with at the discretion of the Community. The former member may also choose to apply for provisional membership as a new candidate, should this be acceptable to the Community.
D. Expulsion of a provisional member may occur at any time during the provisional period and for any reason, including but not limited to those specified in subparagraph (E) below, provided only that the Community believes that the said
provisional member is undesirable. Expulsion shall generally occur, except for unusual and exceptional cases, if said member does not become a full member or voluntarily terminates cos membership within a year of becoming a provisional member.
E. Expulsion of a full member may, but need not, take place for any of the following reasons:
1. Co openly repudiates the principles of the Community and works against their implementation.
2. Co is found guilty by local, state, or federal authorities of some crime or misdemeanor and the Community therefore feels it is no longer appropriate for co to remain a member.
3. Co consistently does less than cos share of the Community work.
4 Co absents coself from the Community for more than three weeks beyond the point of legitimate vacation according to current Community policy or without having made satisfactory arrangement with the Community with regard to cos absence.
5. Co physically, sexually and/or mentally abuses another member or guest of the Community, or any child, by any aggressive action and/or words which the Community interprets as sufficiently serious and/or likely to be repeated to warrant expulsion.
The application of the foregoing provision to abusive words is not intended to inhibit the freedom of expression of information, opinion, belief or emotion. It is intended to apply when oral or written language is presented in a threatening, harassing, or violent manner such that it would be reasonably expected to cause physical, sexual, or mental harm.
6. Co repeatedly and/or flagrantly violates the equality principle by appropriating to cos use items (including but not limited to cash) intended for the use of the Community as a whole or property designated for other use; or co repeatedly or flagrantly steals property belonging to someone else.
7. Co is discovered to have made bad faith declarations of the extent or disposition of cos property when entering the Community or subsequently, or co grossly violates the Community property code (Article IV below) with regard to the disposition of said property or the disposition of any income co received while a member.
8. Co deliberately and overtly attempts to destroy or disband the Community by any legal, extralegal, or financial means or in any other manner, provided that this shall not be broadly interpreted to refer to the holding of disapproved opinion or to behavior which from time to time might be considered dangerous. It is intended to refer specifically to deliberately making trouble between Community and civil authorities, involving the Community in a lawsuit, involving the Community in unauthorized financial obligations, and such similar hostile acts or attempted hostile acts.
The above provisions shall not be taken as requiring the Community to expel a member, even for these reasons. The Community may, but need not, expel a member for any of the above reasons. The Community also has the option of substituting other remedies or sanctions.
F. Expulsion Mechanism.
The procedure for expulsion shall be as follows: Expulsion may be proposed by any voting member. The Board of Directors of the Community, and/or such other body of members as the Board of Directors may authorize either ad hoc or as a matter of policy, shall hold a public meeting or meetings on the proposed expulsions--provided however, that at one meeting or another the member in question shall be given full opportunity to answer any accusations or to explain cos conduct or view and express cos desires concerning cos membership, if possible. If, after the member in question has been heard, the Community desires cos expulsion, if possible co shall be so informed, at which time co will normally be allowed at least three days before co is required to leave the Community premises. Extensions of this period may be made at the discretion of the Community.
ARTICLE III. Governance.
Paragraph One. In General.
The affairs of the Community are, in accordance with its Articles of Incorporation in the State of Virginia, managed by its Board of Directors. The Board of Directors has the authority and responsibility for making policy decisions for the Community.
Paragraph Two. Board of Directors and Officers.
A. The Board of Directors shall consist of the members of the Board of Community Planners ("the Board"). There shall be three regular members of the Board. An additional person may be designated as a stand-in member of the Board, and shall assume the responsibilities, duties, and powers of a regular member of the Board during the event of an absence of a regular member of the Board or in case of a vacancy on the Board, and a second stand-in planner may be appointed when desirable because there are insufficient regular members of the Board due to absence or resignation or for other reasons, in order to maintain a full Board of three. All members of the Board shall be voting members of the Community. Upon termination of a person's term as a regular member of the Board or as a stand-in within six months of the termination of cos regular term, co shall not be re-appointed to the Board for a period of at least six-months, except that co may be appointed as a stand-in planner for up to three months in case the Board finds it desirable for reasons of continuity or for other reasons.
B. New members of the Board shall be appointed after the following general process with periods for and intervals between steps in the process being determined by the Board, except if there is no current member of the Board, in which case the procedure shall be as specifies in subparagraph (D) below: The Board shall post public notice of each upcoming or currant vacancy. The Board shall solicit the voting members for individuals interested in serving on the Board. A notice containing a list of the interested parties shall then be posted publicly, and any additional voting member may be added to the possible candidates by co placing cos signature on the notice. The Board shall then solicit the general membership for opinion of the candidates, after which the Board shall nominate an individual to fill the vacancy. A general ballot of the voting members shall then be held and all such voting members shall have the opportunity to accept or reject the nomination. If more than twenty percent of the members eligible to vote reject the nomination, the Board shall rescind the nomination, and if not, the nominated individual shall be appointed to fill the vacancy. The term of regular members of the Board shall be eighteen months. The term of a stand-in member shall be three to six months. The term may end earlier by reason of resignation, death, or recall (method of recall is provided in subparagraph Three(A)(3) of this Article).
C. No member of the Board of Directors shall serve alone for a period of more than six weeks. Should this period pass without the appointment of at least one additional member of the Board of Directors, the remaining director shall resign and elections shall
be called immediately by said director or any member of the Community, as provided for in subparagraph (D) below.
D. If there is no current member of the Board of Directors, due to resignation, recall, or for any reason whatsoever, elections shall immediately be called by any voting member of the Community. A request for candidates shall be posted in a public place in the Community for not less than 7 and not more than 14 days, and any member of the Community who wishes to be a candidate for the Board of Directors shall place cos name thereon. At the end of this period, elections shall be held. Any voting member may conduct this election; if no member steps forward within a week from the time at which there ceased to be a Board of Directors, then the election shall be conducted by the voting member who has been a member for the longest period of time. Each voting member of the Community may cast a vote for up to three of the candidates whose name appear on the slate, but no member may vote for the same candidate more than once. The three candidates who obtained the most votes shall be the new Board of Directors, provided that each of these candidates obtained votes from at least a majority of eligible voters voting in the election. If any of the three candidates did not obtain the necessary votes, then co shall not be appointed Director however, if one or two candidates did obtain the required votes, they shall be appointed the new Board of Directors and shall obtain additional members in accordance with the provisions of subparagraph (B) above. If no candidate obtained the required votes, runoff election shall be held immediately.
E The Board shall appoint three voting members of the Community to be the President (who shall also be a member of the Board), the Secretary, and the Treasurer of the Community, and the Board shall appoint such other officers and representatives as it deems necessary, all with such power and duties as it finds necessary or convenient for the governance of the Community and/or the conduct of its external relations. Said officers shall be appointed for a term of one year, shall serve until their successors re-appointed, and shall be removable at the will of the Board. The Board shall also designate an officer, a member of the Board, or a member of the Community to maintain a record of voting members of the Community. The Board may also appoint such groups as it deems appropriate to aid the Board in the performance of its duties.
F. The annual meeting of the Board of Directors shall be held directly after the annual meeting of the membership and at the same location, and no notice of the meeting shall be required. The Board shall appoint officers of the Community and conduct whatever business may be before its annual meeting.
G. A quorum of the Board of Directors shall be two members of the Board, except that if there is only one member of the Board, co may serve for up to six weeks by coself, as provided in subparagraph (C) above.
Paragraph Three. Participatory Governance.
A. In general, any reasonable means of managing the affairs of the Community may be entered upon and tried, without the necessity of amending these Bylaws, so long as such means shall be upon direction by and supervision of the Board, and providing:
1. That the governing body shall at all times manage and govern within the principles and policies of the Community as specified in these Bylaws;
2 That the government shall be participatory to the fullest extent possible, with general public forums to allow the consideration and input of the membership on all substantial policy decisions;
3. That the voting members of the Community shall always have the right to recall the governing body or a member of the governing body. A recall shall be preceded by a meeting of the membership called by any voting member with at least ten, but not more than fifty days of public notice prior to such a meeting. At this meeting, the member(s) of the governing body whom it is proposed to recall shall be given full opportunity to answer any accusations or to explain their conduct or views. After the meeting, should the voting membership of the Community desire to recall the member(s) of the governing body, it may do so by obtaining the signatures (including written or telephoned vote in absentia as provide in subparagraph (B) (2) below) of no less than a simple majority of the voting members of the Community on a petition or recall. Any voting member may initiate such a petition.
4. That the voting members of the Community shall always have the right to overrule any decision of the governing body. If any voting member of the Community wishes to overrule a decision of the governing body, co may attempt to do so by initiating a petition of overrule. To be successful, the petition must receive the signatures (including written or telephoned vote in absentia as provided in subparagraph (B)(2) below) of no less than a simple majority of the voting members of the Community. The Community may set a higher percentage for issues concerning the acceptance or rejection of members, as it deems wise. Said petition must be completed within three weeks of a decision's being made public by the governing body.
B. Provisions for voting:
1. The record date for any notice shall be the date of the notice. The record date for eligibility to vote at any meeting shall be the date of the meeting. The record date for eligibility to sign a petition shall be the date for required completion of the petition, as per paragraph Three (A)(4) above.
2. No vote may be cast by proxy, but any voting member may submit a write or telephoned vote in absentia on an issue which is brought before a vote of the membership, and said written or telephoned vote shall be treated as a vote cast in person or as a signature on a petition, as appropriate. For a telephone vote to be valid the member must speak directly to two voting members of the Community and state that co is casting a vote.
Paragraph Four. Meetings of the Membership.
A. The annual meeting of the membership shall be held on any day in November or December of each year on the property of Twin Oaks. An officer or member of the Board of Directors shall post notice of said meeting in a public place in the Community, which shall constitute personal notice to each voting member of the Community, at least ten and not more than fifty days in advance of said meeting, except that if said meeting will be the official meeting with respect to a change in the Community's Articles of Incorporation, said notice shall be provided at least 25 and not more than 50 days in advance. If no notice is posted, then the meeting will be held on the first Friday of December at 3:30 P.M. in the normal place at which Community meetings are held, and no changes in the Community's Articles of Incorporation shall be discussed.
B. Any voting member of the Community may call a special meeting of the membership by posting notice of such a meeting in a public place at least ten, but not more than fifty days before the date of such a meeting. Such a meting may be called for any purpose for which a general membership meeting is required for any other purpose.
article IV--the property code
ARTICLE IV. The Property Code.
Paragraph One. Intent
A. Insofar as possible, it is the intent of this Article to accord equal access to life's material benefits to all members regardless of their financial position previous to membership. Accordingly, it is necessary for Twin Oaks to limit an individual's use of assets while co is a member of the Community.
B. Members in transition are not subject to the Property Code.
Paragraph Two. Assets Existing Prior to Membership.
A. Personal Property
1. General Provisions:
a. Personal property, whether petty or grand, shall not be converted to cash or exchanged for other personal property, with the exception of personal property converted to a member loan or member donation.
b. It is Twin Oaks' intent to maintain borrowed property in accordance with its normal standards of maintenance for Community property, but it cannot by held liable for any damage or loss due to any cause whatsoever.
2. Petty Personal Property: This includes tangible personal property that in its normal use might be kept in a member's private space or carried on cos person (unless specifically designated grand personal property by Community policy), including but not limited to furniture, bedding, small tools and appliances, clothing , jewelry watches, books, phonograph records, and bicycles. A member may keep such property in cos private room or designated private area. Co may also lend such property to the Community by putting it in a public space with the Community's consent, in which case the Community will not dispose of it without the member's permission, except that the Community may require the member to remove said item from public space, and co may take it with co if co leaves.
article IV--the property code
3. Grand Personal Property: This includes all tangible personal property that cannot in its normal use be kept in a member's private space or carried on cos person, or determined by the Community to be unsuitable for such use, including but not limited to automobiles, trucks, motorcycles, trailers, tractors, and other vehicles, stationary power tools, and other large machinery. A member may not bring such property to the Community without the Community's permission, except that a provisional member may bring such assets to the Community for storage only, with the Community's consent, until co has applied for and be accepted for full membership. Co may keep such property elsewhere as co owns property, during provisional an intermediate membership, but the Community will not provide funds for its storage or maintenance. Such storage and maintenance may be paid for out of the member's member loan or capital assets, when necessary. If co keeps such property at the Community during full membership, co must either donate it to the Community or lend it to the Community for the duration of cos membership. In the case of motor vehicles, the Community takes title. Such property will be used, maintained, and insured or not, entirely at the Community's discretion and expense. The Community will not dispose of lent property without the member's permission, and will return it to co if and when co ceases to be a member, provided, that the Community may at its discretion require as a condition of accepting such loans a written agreement with the member providing, in the event of cos departure, for such payments to the Community and/or continued use of the property by the Community as will assure the Community the benefit of its expense for maintenance and improvements, and provided that in the transition from intermediate to full membership, co will either donate said asset to the Community or dispose of it elsewhere if permitted by the above described agreement, in accordance with paragraph Two(C) of Article II above.
B. Capital Assets: Provisional; members shall turn over all income from any assets to Twin Oaks, as provided for in subparagraph Three(A) of this property code, and may convert such assets to a member loan, but are encouraged to arrange their affairs in a way that will not be inconvenient for them should they leave the Community, until they have applied for and have been accepted for full membership. Twin Oaks prefers that members lend or donate any capital assets they own to the Community. Any lent assets shall be for the duration of membership, and shall be interest free to the Community. All assets not loaned or donated to the Community shall be left intact from a management or investment point of view, except that, at the Community's discretion it may allow a member to reinvest or manage assets, if it is top the Community advantage that this be done. This restriction includes, but is not limited to liquidation, transfer, reinvestment, loaning, sale, trade, or disposal of any non loaned assets, with the exception of the conversion of a member's assets to a member loan or donation to the Community and with the additional exceptions that (1) provisional; members may spend from their capital
article IV--the property code
assets to tie up their outside affairs, and in particular to pay medical and dental expenses; (2) any member may spend from cos capital assets to make payments on debts which existed prior to membership, including payments on pre-existing insurance policies; (3) the Board may, on a case by case basis, and at its discretion, allow the spending of capital assets for the following purposes: charitable contributions, child support and other contributions to the expenses of children not living in the Community, including contribution to such children's education, living and medical expenses of parents and elderly relatives; and (4) the member loan may be used to make payments for expenses of retained personal property and capital assets, as specified in subparagraphs Two(A)(3) and Three(B)(2) of this Property Code. All assets lent or donated to the Community shall be used at the discretion of the Community. All assets not lent to the Community shall be listed individually by type and value in a member's membership agreement. The intent of this section is to promote equality between members by encouraging individual gain to be directed to the benefit of the full Community.
Paragraph Three. During Membership.
1. General Provisions: This section distinguishes between various types of receipts during membership, and whether such receipts accrue to the Community or to an individual's account.
2. Accounts Receivable: Accounts receivable are any funds due to a member at the inception of membership, including but not limited to debts, royalties, payments for goods sold or work performed before becoming a member, tax rebate, inheritances, and lump sum insurance payments. Such receipts shall; be capital assets handled as above, and shall be listed in Schedule A of the membership agreement a should they occur. The member assumes all tax liability for such proceeds, and payments for any such taxes may come out of the member loan.
3. Unearned Income: Unearned income includes but is not limited to the following: bank interest; dividends or income from stocks or bonds; alimony; rents, unemployment compensation; welfare, social security, retirement, or disability payments; pensions, child support (if said child is a resident of Twin Oaks); trust fund or estate income; and in general, any periodic payment meant to supplement income and/or be a financial return on investment. Such unearned income shall be donated to the Community, except for income of a provisional member under the age of eighteen years, which shall not be
Article IV--The Property code
required to be donated, and the Community assumes any and all tax liability for such income, except for any such income of provisional members under the age of eighteen years which is not donated to the Community. Any expected unearned income shall be listed in schedule A of the membership agreement.
4. Earned Income: Any and all income earned by a member during cos membership shall be property of the Community, with the exception of income earned and spent according to current Community vacation earnings policies, and with such exceptions as the Board may deem appropriate for provisional members under the age of eighteen years.
5. Gifts: Gifts may be received according to current community gift policies. Said gift policies shall be consistent with the egalitarian principles of the Community and the intent of the Property Code.
6. Inheritances: Money or property which are inherited shall be treated as pre-existing capital assets and shall be subject to the provisions of subparagraph Two(B) of this Property Code.
1. Personal Debts and Liabilities: Personal debts and liabilities are defined as any financial responsibilities other than those specifically assumed by the Community in these Bylaws or by contract between the Community and said member. They shall be treated as follows: A member who has cash obligations to any person, business, institution, government, or other entity outside the Community is responsible for such debts. Co must either pay them off before entering the Community or make special arrangements before entering the Community for paying them off, including making payments out of cos member loan or capital assets. Such arrangements may vary from member to member at the Community's discretion. If such debts will not be fully paid off during provisional membership, the arrangement for paying them shall be in writing and signed by the member and the Community, and shall be attached to the membership contract. In the event that such a debt is incurred or discovered after a person becomes a member of the Community, the Community will not be responsible for said debts, but may at its discretion make an arrangement to the member for payment thereof.
Article IV--The Property Code
2. Capital Asset Expenses: Should any capital asset of a member require payments to be made (for example, land taxes), such expenses shall be paid from any of the following sources:
a. Income derived from the specific assets requiring expense.
b. Income derived from any other asset.
c. The member's loan and/or personal savings.
d. The member's vacation earnings and/or allowance.
e. The sale or liquidation of some portion of the specific asset requiring the expense.
However, the Community may at its discretion contract to lend to a member funds to cover routine capital asset payments.
Paragraph Four. End of Membership.
A. Personal Property: If a person leaves any personal property on the Community premises for more than six months after the termination of cos membership, co shall be deemed to have donated said property to the Community, unless the Community has made a written agreement to the contrary. Otherwise, any personal property lent to the Community shall be returned to the leaving member according to the schedule in cos membership agreement.
B. Capital assets: All money or other capital assets lent to the Community shall be returned to the leaving member according to schedule A of cos membership agreement.
C Wills: A member may bequeath cos property (whether lent to the Community or not) to any beneficiary co chooses, including Community members, the Community itself, and other persons and institutions.
article IV-- the property code/article V--dissolution of the community
D. Income Taxes: For the tax years of the beginning and/or ending of cos membership, the Community will pay a fair share of a member's income taxes, and the member shall be responsible for the rest. This fair share shall be determined by an explicit formula established by the Community. If the application of this formula for the beginning year of membership results in a payment from the Community to the members over and above any rebate from the governments concerned, then the member must treat the amount of said payment either as a donation to the Community or as a member loan. During the years when co is a member of the Community for the full year, the Community will assume responsibility for income taxes on a member's share of Community income, on income treated under the provisions of Unearned Income, subparagraph Three(A)(3) of this Property Code, and on Earned Income subparagraph Three(A)(4) of this Property Code, donated to the Community (and shall pay said taxes either directly to the United States and the State of Virginia or shall pay same to the member to be paid by co). Individuals are responsible for any additional amount of income taxes beyond said taxes.
E. Disputes: If a dispute should arise as to whether any item represents continuing or past income, or ought to be divided between the two, or as to the means of paying off a debt, or as to the interpretation of any provision of the Article in any particular case, then such dispute shall be settled by two arbitrators, both being members of the Community, and being neither the disputant members(s) nor members of the governing body, one arbitrator being chosen by the Community and the other by the disputant member(s) If the arbitrators cannot agree, they shall appoint a third arbitrator who is not a member of the Community, and who will decide the dispute. The results of the arbitration shall be binding on both the Community and the member.
ARTICLE V. Dissolution of the Community
Paragraph One. Voluntary Dissolution.
The Community may be dissolved, after resolution recommending dissolution adopted by the Board of Directors, by two-thirds plus one vote in favor by the voting members of the Community. A vote to dissolve the Community shall be preceded by a special meeting of the membership with at least ten, but not more than fifty, days of public notice prior to such a meeting. Should the Community wish to dissolve after said meeting, it may do so by obtaining the necessary number of signatures or written votes in absentia on a petition to dissolve the Community.
article VI--Amendment of the bylaws
Paragraph Two. Disposition of Assets.
In the event of a voluntary or involuntary dissolution, the entire assets of the Community shall be liquidated and applied to the debts of the Community. Thereafter, all full members of the Community and each dependent child shall be entitled to $1,000 (one thousand dollars) each (in 1979 dollars, which is defined to mean an amount which is approximately the same in buying power as $1,000 was in 1979, using U.S government figures for the rate of inflation or deflation) from the remaining assets for the purpose of reestablishing themselves upon leaving Twin Oaks. Should there be less than this amount available per full member, and child after debt payment, then the remaining assets shall be divided equally among the same. All remaining assets thereafter shall go into their entirety to the Federation of Egalitarian Communities, INC. ("the Federation") or its designated successor, provided that (1) the Federation or its designated successor is still in existence and (2) that Twin Oaks is a member of the Federation or its designated successor. If these conditions are not met, remaining assets shall go to another organization similar to Twin Oaks and containing in its bylaws an Article of Dissolution similar to this Article, and the choice of said organization shall be left to the discretion of a majority vote of the voting membership remaining at the time of dissolution.
ARTICLE VI. Amendment of the Bylaws.
Paragraph One. Amendments by the Board of Directors
Except as in paragraph Two below, these Bylaws may be amended by a two-thirds majority vote of the Board of Directors (the sections which may be amended by said two-thirds vote of the Board of Directors are Article II--Membership and Article IV--Property Code). In the event of any decision to amend these Bylaws, such amendments shall be posted in a public place for at least ten days prior to a forum of the membership in which such amendments shall be discussed. Additionally, notice of said forum shall be publicly posted at least ten days and not more than fifty days before said forum. The amendment shall not take effect until after said forum. After said forum, if the Board of Directors does not change its decision, they shall be signed by at least two-thirds of the Governing body and shall be added to and become part of these bylaws.
article VI amendment of bylaws
Paragraph Two. Amendments by the Full Membership.
The following parts of these Bylaws may not be amended by the above method without the consent of the voting membership by a two-thirds majority of the voting membership:
ARTICLE I--Definitions and Purpose
ARTICLE V--Dissolution of the Community
ARTICLE VI--Amendment of the Bylaws
The procedure shall be as follows: Upon the passing of the proposed amendments by a two-thirds vote of the Board, said amendments shall be posted in a public place for at least ten days prior to a public forum in which such amendments shall be discussed. Additionally, notice of said forum shall be publicly posted at least ten days and not more than fifty days before said forum. After said forum, if a petition of a amendment is signed by at least two-thirds majority of the majority of the voting membership, then said amendments shall be added to and become part of these Bylaws.
EXHIBIT 1 Twin Oaks Name ____________
TWIN OAKS COMMUNITY
By and between TWIN OAKS COMMUNITY, INCORPORATED (hereinafter referred to as "the Community"), a corporation existing under the laws of the State of Virginia and having its main place of business at Route 4, Box 169, Louisa, Virginia, and ________________ (hereinafter referred to as "Applicant" or "the member" or "co").
______ WHEREAS Applicant intends to apply for intermediate membership and thereafter for full membership in the Community and wishes to become a provisional member in trial and preparation therefor, and
______ WHEREAS the Community is willing to accept Applicant as a provisional member under the terms and conditions of its Bylaws and as hereinafter set forth,
______ WHEREAS Applicant is currently a member of the Community and herewith reaffirms cos membership in the Community and replaces cos existing membership agreement with this agreement,
______ NOW THEREFORE, the Community agrees that Applicant is a provisional member of th Community and shall have available to co all the Community's benefits as set forth in this Agreement and in the Bylaws of Twin Oaks Community, Incorporated (including the care and education of cos minor dependents resident in the Community), as far and as well as the Community is reasonably able to provide such benefits, in return for which Applicant promises to abide by the following:
______ NOW THEREFORE, the Community agrees that Applicant is a _____________ member of the Community who is herewith replacing cos existing membership agreement, and that co shall have available to co all the Community's benefits as set forth in this Agreement and in the Bylaws of Twin Oaks Community, Incorporated (including the care and education of cos minor dependents resident in the Community), as far and as well as the Community is reasonably able to provide such benefits, in return for which Applicant promises to abide by the following:
1. Work: Co will do cos fair share of the work of the Community, such fair share to be defined by the regulations, policies, and general practices of the Community. Co understands and agrees that all labor contributed by co is part of cos obligation as a member, or if above and beyond said obligation, is a voluntary contribution to the Community, and that it is not done for wages or compensation of any kind. The Community is not the member's employer; the member is not the Community's employee. Applicant hereby accepts the benefits and privileges of membership in partnership with all other members as full compensation for all services performed by Applicant for or on behalf of the Community during cos period of membership, and hereby agrees and acknowledges that co has no claim, other than such benefits and privilages, against the Community or is or to any property of the Community on account of such services.
2. Rules: Co will conduct coself according to the duly adopted ruled, policies, and procedures of the Community as they exist at the time of this Agreement and as they may, by Community decision, change from time to time. In particular, co has read, understands, and agrees to abide by the Bylaws of Twin Oaks Community, Incorporated (hereinafter "the Bylaws"), which by reference are made a part of this document.
3. Community Property: All property of the Community--whether real or personal, whether tangible or intangible, and whether or not arising out of a donation to the Community--that is assigned by the Community to applicant for cos personal use during cos membership remains the Community's property, and Applicant waives any and all claim to such property during or after cos membership.
4. Children: If Applicant has custody of a minor child or children, whether as parent or guardian or otherwise at the time of this Agreement, and/or if, while a member, co comes to have such custody whether by birth or otherwise, and if both Applicant and the Community agree that said minor child shall reside in the Community, then co agrees and consents to the care, education, and discipline of any such children by the Community, so long as co remains a member, in accordance with the Community's policies, procedures, and goals; and co absolves the Community of all responsibility to co for all reasonable and lawful consequences of said care, education, and discipline.
5. Assets: Co will fulfill cos obligations under the Property Code as set forth in the Bylaws, both in lending and listing of the applicable assets in paragraph 9 of this Agreement as provided in said Property Code during provisional and intermediate membership and in cos renunciation of property and income under the Community's vow of poverty required of full members under the Property Code, and co hereby agrees that cos ownership and disposition of cos assets and earnings therefrom, shall be governed by said Property Code.
6. Medical and Dental:
(1) In this paragraph, "the Community" shall mean the governing body of the Community or any group or person appointed by the governing body for the purposes specified.
(2) "Payment contract" shall mean any agreement for repayment, including a contract which reduces the amount owed to the Community by Applicant by a formula related to duration of membership and requires the balance to be paid on or after termination of membership.
B. Before taking up residence as a member:
(1) Applicant will either give evidence of a clean bill of health and good dental upkeep or discuss health and dental problems with the Community.
(2) Treatable existing conditions will either be treated before provisional membership begins or arrangements for reimbursement of the Community for these treatments will be made, including payment from Applicant's member loan or capital assets, if any, or payment by a payment contract as defined in Paragraph A (2) above, unless the Community agrees otherwise.
(3) Chronic or long-standing conditions will be discussed by the Community and the Community may at its discretion assume some responsibilty for treatment and execute a contract specifying or limiting same, int he absence of which, Applicant shall have responsibility, and may pay for expense of treatment from cos member loan or capital assets, if any. The Community may also, at its discretion, agree to a payment contract as defined in Paragraph A(2) above.
B. During Provisional Membership:
(1) The Community will provide, free of charge to Applicant, emergency medical and dental care for Applicant and Applicant's minor dependents resident in the Community, including expenses attendant on accidents or illness.
(2) Preventative medical and dental care and treatment of pre-existing conditions will be covered by a payment contract if approved by the Community or may be paid for from Applicant's capital assets or member loan, if any.
C. During Intermediate and Full Membership:
(1) The Community will provide, free of charge to Applicant, medical care for co and cos minor dependents resident in the Community, including the payment of expenses attendant upon illness and accident and routine and emergency dental work including fillings.
(2) Major dental work, pregnancy and parturition expenses, and treatment deemed elective by the Community: The Community may require that all or part of such expense be repaid by Applicant at or after the termination of cos membership, the amount and terms of such repayment to be specified in a note signed by co, in accordance with Community policy at the time of treatment.
7. Insurance Policies: Fully paid insurance policies are considered to be capital assets, and are subject to the provisions of Article IV, Paragraph Two (B) of the Bylaws. Policies that are not fully paid may be continued with the premiums coming out of Applicant's member loan. The Community is not responsible for premium payments on any insurance policy; however, the Community may at its discretion execute a written agreement with co to make such payments.
8. This Agreement supersedes and replaces any previous membership agreement made between Applicant and the Community.
9. Attached as Schedule A is a schedule of the grand personal property, capital assets, outstanding debts, and unearned income of Applicant, with a timetable for returning to probisional and intermediate members assets loaned to the Community.
Applicant, desiring to reaffirm cos membership in the Community as a ________________ member and replace and supersede cos existing membership agreement with this agreement, hereby executes this membership agreement as of this __________ day of ___________, 19__.
Witness for Twin Oaks Community, Inc.
(an officer or member of the Board of Directors)
This Agreement and Applicant's provisional membership begin as of the _________ day of ____________________, 19__.
Witness for Twin Oaks Community, Inc.
(an officer or member of the Board of Directors)
Applicant, having been an intermediate member and having been duly approved for full membership by the Community, now begins cos full membership on this _____________ day of ________________, 19__. Applicant hereby subscribes to the Community's vow of poverty for full members as provided in Article II, Paragraph One (C) of the Bylaws and renounces all of cos right, title, and interest to income or property of whatever kind and wherever located (other than petty personal property, as described in Article IV, Paragraph Two (A)(2) of the Bylaws, and other than income earned and gifts received in accordance with the Community's vacation earnings policies and gift policies as provided in Article IV, Paragraph Three (A)(4) and (5) of the Bylaws). Applicant hereby certifies that co has disposed of any and all such income and property as required of a full member under the Property Code and acknowledges that co has irrevocably donated the items listed on Schedule B of this agreement to the Community, with no right to compensation or special consideration in return for such donation. Applicant further agrees to renounce or disclaim any interest in any such income and property to which co may become entitled during cos period of membership by gift, inheritance, devise, or by any other means; provided, however, in lieu of any such disclaimer, Applicant may donate any such income and/ or property to the Community.
Witness for Twin Oaks Community, Inc.
(an officer or member of the Board of Directors)
__________________________ ceases to be a member of Twin Oaks Community as of the ____________ day of _________________, 19__.
Witness for Twin Oaks Community, Inc.
(an officer or member of the Board of Directors)
SCHEDULE OF ASSETS
SCHEDULE A OF MEMBERSHIP AGREEMENT
Assets to be lent ot the Community during provisional and intermediate membership, without interest or other compensation for the use thereof, per Article IV, Paragraph Two (A) and (B) of the Bylaws:
Assets to be retained by member during provisional and intermediate membership, per Article IV, Paragraph Two (A) and (B) of the Bylaws:
Outstanding debts of member, per Article IV, Paragraph Three (B) (1) of the Bylaws:
Unearned income of member, per Article IV, Paragraph Three (A) (3) of the Bylaws:
Schedule for returning assets borrowed by the Community to provisional and intermediate members:
This schedule of assets supersedes any previous schedule of assets attached to this membership agreement.
Witness for Twin Oaks Community, Inc.
(an officer or member of the Board of Directors)