Name and Purpose; Committees
Section 1.1. This Section shall be known as the Real Property Section of the Maryland State Bar Association (the “Association”).
Section 1.2. The purpose of this Section shall be to bring together, for the furtherance of their mutual interest, members of the Association having a special interest in the law relating to real property, including, but not limited to, laws concerning construction, eminent domain, foreclosure, land development, land records, leasing, real estate financing, title, and zoning, and to further the study, development and improvement in such law.
Section 1.3. In order to promote the efforts of the Section, the Section shall consist of such committees as the Chair of the Section, with the consent of the Council, shall designate.
Membership and Dues
Section 2.1. Any member of the Association shall be eligible for membership in the Section, and upon payment of dues as hereinafter provided, shall be enrolled as a member of the Section.
Section 2.2. (a) Each member of the Section shall pay to the Section such Section dues as may from time to time be established by the Council and approved by the Board of Governors of the Association (the "Board of Governors"). Any member of the Section whose dues shall be more than six (6) months past due may, at the option of the Council, cease to be a member of the Section and stricken from the rolls of the Section.
(b) All dues collected shall be deposited in and credited to such accounts as may be established and shall be subject to withdrawal and expenditure only under regulations of the Board of Governors. Due accounting of all collections, deposits and withdrawals shall be made at times established by the Section and in accordance with policies of the Association.
Officers and Council
Section 3.1. The Officers of the Section (the "Officers") shall be a Chair, a Vice-Chair, and a Secretary/Treasurer.
Section 3.2. There shall be a Council which shall consist of the Officers, the Legislative Committee Chair, the Real Estate Discussion Group Committee Chair and as many members-at-large and special committee chairs as shall be necessary to constitute a Council of between seventeen (17) and twenty-one (21) members. In addition there shall be two members of the Council who are actively enrolled law students, one from the University of Maryland School of Law and one from the University of Baltimore School of Law. The two student members shall have no voting rights. In addition, the immediate and penultimate Past Chairs of the Section shall serve as honorary members of the Council, and shall be entitled to attend all meetings and to participate in all discussions but shall have no voting rights.
Selection of Officers and Council
Section 4.1. (a) The Chair of the Section shall, with the consent of the Council, at least sixty (60) days prior to the next scheduled Annual Meeting of the Section, appoint a Nominating Committee of not fewer than three (3) nor more than seven (7) persons to consider the nomination of Officers and members-at-large of the Section.
(b) The Chair shall, to the extent possible in appointing the Nominating Committee, select persons from varying geographic locations who are familiar with the affairs of the Section.
Section 4.2. The Nominating Committee shall consider nominations of members of the Section to serve as Officers and to fill vacancies of the members-at-large of the Council including the vacancies, if any, created by the nomination of a member-at-large, whose term would not otherwise have expired, to serve as an Officer. The Nominating Committee shall, when reviewing the qualifications of the nominees, take into consideration past service to the Section and, in the selection of nominees for members-at-large of the Council, shall, to the extent possible, select persons from varying geographic locations. The Vice-Chair shall succeed automatically to the office of Chair upon the expiration of the term of the Chair or as provided in Section 5.3.
Section 4.3. At least forty (40) days prior to the next scheduled Annual Meeting of the Section, the Nominating Committee shall deliver to the Secretary/Treasurer of the Section a list of proposed nominations, and within fifteen (15) days thereafter the Secretary/Treasurer shall inform the members of the Section of the nominations of the Nominating Committee. Other nominations for Officers (except Chair) and members-at-large may be made by petition of at least fifteen (15) members of the Section, filed with the Secretary/Treasurer not later than ten (10) days prior to the Annual Meeting of the Section.
Section 4.4. The Section at its Annual Meeting shall elect Officers (except Chair), and fill the vacancies of the members-at-large of the Council from persons duly nominated in accordance with Section 4.2. Election may be by voice vote or by written ballot in the discretion of the Chair, with the consent of the Council.
Section 4.5. The Chair shall serve until the next Annual Meeting of the Section. The Vice-Chair shall serve as such until he or she becomes Chair as provided in Section 4.2 or Section 5.3. The Secretary/Treasurer upon election shall serve until the next Annual Meeting of the Section or until his or her successor is duly elected and, except as otherwise provided in Section 4.6, members-at-large shall serve until the second Annual Meeting of the Section or until their successors are duly elected.
Section 4.6. The Chair, upon the approval of the Executive Committee, shall have the authority to remove a member from the Council based upon a demonstrated failure to contribute adequately to the purpose or activities of the Section, and request that the Council nominate and approve a Section member to complete the unexpired term of the removed member.
Duties of Officers
Section 5.1. The Chair shall preside at all meetings of the Section and the Council. He or she shall formulate and present at each Annual Meeting of the Association a report of the work of the Section for the past year; shall be responsible for all activities of the Section and of its various committees, if any, and shall, with the consent of the Council, create such new committee, as he or she shall deem desirable. The Chair shall, with the consent of the Council, appoint the chair and members of all standing committees of the Section to hold the position during his or her term as Chair. He or she shall perform such other duties and acts as ordinarily pertain to the office of Chair.
Section 5.2. On or before December 15 of each calendar year, or such date as may be required to meet the deadlines of the Association, the Secretary/Treasurer (working with the Vice-Chair) shall prepare and submit to the Council, for its approval, a budget for the following fiscal year. In accordance with the budget then in effect, the Chair shall authorize all commitments or contracts which shall entail the payment of money, and shall authorize the expenditures of all moneys for the use or benefit of the Section. The Chair shall not, however, authorize commitments, contracts, or expenditures which would entail the payment of more money than funds currently available to the Section or in excess of the sum approved with respect thereto in the budget approved by the Council.
Section 5.3. The Vice-Chair shall aid the Chair of the Section in the performance of the Chair's responsibilities to the extent that the Chair may request, and shall perform such further duties as usually or logically pertain to the office of Vice-Chair or as may be designated by the Chair or the Council. During the disability of the Chair, the Vice-Chair shall perform the duties of the Chair and if the office of the Chair shall become vacant, the Vice-Chair shall thereupon become Chair of the Section for the unexpired term.
Section 5.4. The Secretary/Treasurer shall keep a record of the proceedings of all meetings of the Council of the Section. He or she shall perform such other duties as may be requested of him or her by the Chair of the Section and shall, in cooperation with the Chair, draft an appropriate report for publication in the Annual Report of the Association.
Duties and Powers of the Council
Section 6.1. The Council shall have general supervision and control of the affairs of the Section subject to the provisions of the Constitution and By-Laws of the Association and the By-Laws of the Section. During the interval between the meetings of the Section, the Council shall have full authority to act for the Section in any way in which the Section itself would be authorized to act, and any such action taken by the Council pursuant to this provision shall be reported to the members of the Section at the next Annual Meeting of the Section. The Council shall consider and approve with or without amendment the proposed budget submitted by the Secretary/Treasurer. The Council shall especially authorize all commitments or contracts which shall entail the payment of money, and shall authorize the expenditures of all moneys, which shall exceed the budget. The Council shall not, however, authorize commitments, contracts, or expenditures which would entail the payment of more money during any fiscal year than the funds currently available to the Section except with the approval of the Board of Governors except as to those matters specifically stated in these By-Laws to require the consent of the Council.
Section 6.2. The Council shall meet at or about the time and at the place of each Annual Meeting of the Association and may meet in regular or special session at any other time or place as may be scheduled by the Chair or at least five (5) members of the Council.
Section 6.3. The Council may authorize the Chair to perform such duties and exercise such powers as the Council may direct, subject to the limitations of these By-Laws and the Constitution and By-Laws of the Association.
Section 6.4. The Council shall fill vacancies in its own membership and in Section offices other than Chair. Officers and members so selected shall serve until the adjournment of the next Annual Meeting of the Section or until their successors shall have been elected and qualified.
Section 6.5. Except where elsewhere specifically provided all binding action of the Council shall be by a majority vote of the members present provided such members shall constitute a quorum. For purposes hereof, a quorum shall be a majority of the Council.
Section 6.6. Voting shall be permitted by electronic mail by a majority vote of the entire Council provided every member of the Council receives written notice of the action to be considered.
Section 6.7. Members of the Council or a committee may participate in a meeting by means of a conference telephone or similar communications equipment if all persons participating in the meeting can hear each other at the same time. Participation in a meeting by these means constitutes presence in person at the meeting.
Section 7.1. There shall be an Executive Committee of the Section consisting of the Officers of the Section. During the intervals between the meetings of the Council, the Executive Committee shall be authorized to act for the Council and Section unless otherwise expressly stated in these Bylaws.
Section 7.2. There shall be constituted by the Chair, with the consent of the Council, annually, a Legislative Committee, the Chair of which shall be a member of the Council, whose function shall be to serve, within the limitations laid down by the Council, as Legislative Counsel at the Maryland Legislature, and in similar capacity with respect to the Governor of the State, and to other legislative bodies within the State, with respect to all legislative matters in which the Section has an interest. Any member of the Legislative Committee when expedient may serve likewise in these functions, within such limitations as established by the Council.
Section 7.3. There shall also be appointed by the Chair, with the consent of the Council, annually, a Chair of the "Real Estate Discussion Group," which Chair shall be a member of the Council. His or her function shall be to serve, within the limitations set by the Council, to coordinate the presentation of monthly continuing legal education luncheon programs and discussions, with such frequency and on such topics as are recommended by such Chair and approved by the Council.
Section 7.4. The Chair may, with the consent of the Council, establish such other standing committees, as he or she may deem appropriate.
Meetings of the Section
Section 8.1. The Annual Meeting of the Section shall be held in one or more sessions at or about the time of the Annual Meeting of the Association, in the same place that such Annual Meeting of the Association is held, with such program and order of business as may be arranged by the Chair and the Council.
Section 8.2. Special meetings of the Section may be called by the Chair upon approval of the Council, at such time and place as the Council may determine.
Section 8.3. At least fifteen (15) members of the Section present at any meeting shall constitute a quorum for the transaction of business.
Section 8.4. Except as otherwise expressly provided herein, all binding action of the Section shall be by a majority vote of the members present, provided such members shall constitute a quorum.
Section 9.1. The Fiscal Year of the Section shall be the same as that of the Association.
Section 9.2. No salary may be paid to any member of the Section for service to the Section.
Section 10.1. These By-Laws may be amended at any meeting of the Council, by a 2/3 vote of the members of the Council present and voting, or at any meeting of the Section, by a 2/3 vote of the members of the Section present and voting.
Section 11.1. These By-Laws become effective immediately upon their approval by the Board of Governors.