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Real Estate Law Bylaws
The name of this section shall be the Real Estate Law Section (hereinafter “section”) of the Tennessee Bar Association (TBA).
The purpose of this section shall be to assist the lawyer engaged in the practice of the law of real estate and to enhance his/her role, broaden his/her knowledge, and increase his/her skill through the dissemination of information and material on subjects of interest and concern and to provide a medium through which such lawyers may cooperate, encourage, and assist each other in the solution of problems common to their practice of law in these areas to the mutual benefit and improvement of the members of the section, the practice of law, the substantive law itself and its just administration.
The purpose of this section shall be accomplished through its officers, council, committees, and by utilizing publication meetings, seminars and projects; by sponsoring, promoting, studying, or reviewing proposed legislation; and by other suitable means to this end, thus promoting the objects of the TBA, its membership, and the public in general.
Any member of the TBA, upon proper application accompanied by advance payment of annual dues for the current year, shall be enrolled as a member of this section. The annual dues of the section shall be $20 payable to the TBA at its headquarters in Nashville. Annual dues shall be paid in advance and are payable on the first day of July of each year for the 12-month period beginning on that date. The name of any person whose annual dues shall be more than six months past due shall be dropped from the roles of the section. Those members of the TBA whose names are carried on the rolls of the section and whose annual dues are paid in full in advance shall constitute the membership of the section.
Officers, Council and Committees
The officers of this section shall be a chair, a vice chair and a secretary/treasurer.
There shall be a council which shall consist of the officers of the section, the immediate past chair, together with two other members to be appointed by the chair as hereinafter provided. In appointing members of the council the chair shall take into account the locations of the lawoffices of the members of this section so that, insofar as is practical, all areas of the state having a substantial number of members of the section shall be represented on the council.
The following standing committees of the section are hereby established: Membership Committee, Publication Committee, Legislative Committee, and Annual Meeting Committee. The council may establish such other committees and for such terms as it deems necessary. It is anticipated that members of the council shall serve as chair of the standing committees.
Duties and Responsibilities of Officers
The chair, or successively, the vice chair or secretary/treasurer, in the absence of the chair, shall preside at all meetings of the section and of the council. The chair shall:
- Formulate and present at each annual meeting of the TBA a report of the work of the section for the then-ending year
- Appoint the chair and members of all committees of the section who are to hold office during his/her term as chair, two members to the council, and the members of the liaison committees specified in Article VI
- Plan and superintend all activities of the section during his term of office, subject to the direction and approval of the council
- Call meetings of the council when in his discretion such meetings are required or when at least three members of the council request in writing to do so
- Perform all other such duties and acts as usually pertain to the office of president or chairman of an association or organization or as may be designated by the council.
§4.2 Vice Chair
The vice chair shall:
- Aid the chair in the performance of his/her responsibilities in such manner and to such extent as the chair may request
- Perform such other duties and have such other powers as usually pertain to the office of vice chair or vice president or as may be designated by the chair or the council.
In case of a death, resignation or disability of the chair, the vice chair shall perform the duties of the chair for the remainder of that chair’s term of office or for the duration of the disability, as the case may be.
The secretary/treasurer shall:
- See to the publication of appropriate notices of all meetings and shall keep a record of the proceedings thereof
- Be custodian of and accountable for all funds of the section other than such funds as are deposited to the credit of the section with the treasurer of the TBA or his/her designee
- Assist the other officers of the section in such manner and to such extent as they may request and shall be the custodian of all books, papers, documents, and other properties of the section
- Keep an accurate record of all monies appropriated to and expended for the use of the section.
Duties and Responsibilities of Council
The council shall establish such policies of the section as it may determine which are not inconsistent with any policy of the TBA. It shall hear all reports of the officers and committees of the section and shall hear, consider and act upon such resolutions and matters presented to it which pertain to the activities of the
The council shall act by majority vote of those present, provided that a quorum shall consist of not less than four members.
Members of the council when personally present at a meeting of the council shall vote in person, though when absent may communicate their vote in writing, on any proposition to the secretary/treasurer and have it counted, with the same effect as if they were personally present at such meeting.
The chair of the section may, and upon written request of three members of the council shall, submit or call to be submitted in writing, to each of the members of the council, any proposition upon which the council may be authorized to act, and the members of the council may vote upon such propositions so submitted, by communicating their vote thereon, in writing, over their respective signatures to the secretary/treasurer, who shall record in the minutes each proposition so submitted, when, how, and to whose request the same was submitted, and the vote of each member of the council thereon, and keep on file such written and signed vote. If the votes of a majority of the members of the council so recorded shall be in favor of such proposition or if a majority shall be against such proposition, such majority vote shall constitute the binding action of the council.
The annual meeting of the section shall be held during the annual meeting of the TBA, in the same city or place as such annualmeeting of the TBA and with such program and order of business as may be arranged by the Annual Meeting Committee under the direction of the chairman of the section and the council.
Special meetings of the section may be called by the chair at such time and place, and for such purposes as may be approved by the council.
The members of the section present at any meeting shall constitute a quorum for the transaction of business.
All binding action of the section shall be by a majority vote of the members present.
§6.5 Mail Vote
The council may direct that a matter be submitted to the members of the section for a vote by mail. Such mailing may be included in other written or printed material which is being distributed by mail to all of the members of the TBA or to any part thereof which is inclusive of all of the members of the section. In such event, binding action of the section shall be by a majority of the votes received in accordance with the rules fixed by the council.
§7.1 General Eligibility
A nominee for any position must be a member of the section at the time of his/her nomination. No person may run for more than one elective position at an annual meeting.
§7.2 Vote Required
Following organizational elections, a chair, vice chair, and secretary/treasurer shall be elected at each annualmeeting. Such election shall be by a majority vote of those members of the section present.
If the office of vice chair or secretary/treasurer shall become vacant during the period between meetings of the section, such office or offices shall be filled by the council for the portion of the term remaining until the next meeting of the section.
The chair may appoint a nominating committee, which committee, if appointed, shall make and report to the section nominations for such offices and positions as are scheduled to be filled at the annual election. Nominations shall also be permitted from the floor.
Voting shall be by voice vote, and the nominee for an office with the lowest number of votes in any ballot shall be dropped from consideration on the next succeeding ballot, provided that any annual meeting, by majority vote of the members of the section present, may require written secret ballots or otherwise modify the procedure governing any election.
These bylaws may be amended by an affirmative vote of a majority of the members of the section, such vote to be taken by mail, or by a majority of those present at the annual meeting of the section, provided that any amendment to be considered at the annual meeting be submitted in writing to all of the members of the section at least 10 days before the start of such meeting. Any amendment so adopted shall become effective only to the extent that it is not inconsistent with the constitution and bylaws of the TBA.
§9.1 Fiscal Year
The fiscal year of the section shall be the same as that of the TBA.
§9.2 Tennessee Bar Association
No action by this section shall become effective as the action of the TBA until it is approved by the TBA. Any resolution adopted or action taken by this section may, on issues of the section, be reported by the chair of the section to the TBA Board of Governors or to the annual meeting of the TBA for action thereon.
These bylaws became effective upon approval by TBA’s Board of Governors in June 1975.