ARTICLE XI - HOME ASSOCIATIONS
Section 1.
The Post may authorize the formation or continuation of a Home Association in conformity herewith.
Section 2.
Any Home Association formed or continued pursuant to such authorization by the Post shall be a separate Non-Stock Domestic Non-Profit Corporation.
If not previously so incorporated, it will be organized pursuant to the Pennsylvania NonProfit Corporation Law of 1988, as the same may be amended or substituted for.
In no circumstance shall the Home Association or the Post be considered the agent, servant, workman, representative or employee of the other.
Each shall manage its business and affairs and neither shall be obligated for the bills, debts or obligations of The other and no Post may act as a surety or guarantor for a Home Association.
No Home Association may utilize the symbol of or the designation “American Legion” without the prior written consent of the American Legion.
Section 3.
Any Home Association may have different classes of members. However, only those members who are Legionnaires in good standing of this Post may have voting rights or hold a position as Director, Executive Committeeman, or other officer therein.
Section 4.
Every Legionnaire in good standing of this Post shall be a voting member in good standing of the Home Association and every Application for Membership in this Post shall also be an application for membership as a voting member in said Home Association.
Any individual eligible for membership in this Post may not apply for membership in the Home Association other than membership in conjunction with membership in this Post.
Section 5.
a. The Home Association shall adopt By-Laws, not in derogation hereof, for the governance of the Home Association.
b. The voting members of the Home Association will be all Post American Legion members in good standing and they are eligible to attend and vote at the monthly Home Association meeting.
c. The Home Association Board must meet at least monthly, separate from the Post meeting, and report monthly to the Home Association membership at the Home Association membership scheduled meeting for the purpose of approving or disapproving Home Association Board decisions and any other business that may come before it.
Meetings of the Home Association Board should be held at least one hour prior the same day as the Home Association meeting open to all post American Legion members in good standing. i.e.: Board of Directors meeting at 7 P.M. Home Association meeting at 8 P.M.
Section 6.
The Home Association may not acquire or own real estate or fixtures attached thereto. The principal office and all regular activities of any such Home Association shall be conducted at the facilities of the Post which shall be owned or leased by the Post and leased or subleased by it to the Home Association on such terms as the Post and Home Association shall agree.
Section 7.
No part of the net earnings of any Home Association may benefit any private member or individual. The Home Association may not engage in political activities in support of any party or candidate.
Section 8.
The existence of the Home Association shall be perpetual subject to the right of this Post to terminate its authorization thereof. In such event, or in the event of the dissolution of this Post or the loss of its Charter from The American Legion, the affairs of the Home Association shall be wound up and the Corporation dissolved.
Section 9.
Upon dissolution of the Home Association, none of its assets may be distributed to any private member or individual, but such assets shall be transferred to this Post if a qualified tax exempt entity to receive them, and if not, then to The American Legion, Department of Pennsylvania, Inc. or if it should not be a qualified tax exempt entity to receive the same, then to The American Legion.
ARTICLE XII - AMENDMENTS
Section 1.
Only the name of the Post, the dates of regular meetings (Article VIII, paragraph 1) and the number of members constituting a quorum for Post meetings (Article VIII, paragraph 3) may be amended by the vote of members entitled to cast at least two thirds (2/3) of the votes which all members present are entitled to cast thereon at any regular or special meeting duly convened after at least twenty (20) days written notice to the members including a copy of every proposed By-Law amendment.