BY-LAWS

OF THE

REAL PROPERTY SECTION

OF THE

PHILADELPHIA BAR ASSOCIATION

 

ARTICLE I

Purpose

The purposes of this Section shall be to assist members of the Philadelphia Bar Association (the "Association") in the practice of real property law by developing and presenting continuing legal education programs and materials on both substantive and procedural aspects of the law. By studying and suggesting improvements in applicable laws, practices and procedures, and by cooperating with judicial, legislative and administrative bodies and other constituents of the organized bar to further these activities, all in conformity with the Charter and By-Laws of the Association.

ARTICLE II

Membership

Section 1. Enrollment. Any member in good standing of the Association, upon request and upon payment of Section dues for the current year, shall be enrolled as a member of the Section for such year. Therefore, membership shall continue so long as dues shall be paid each year in such manner and in such amount as the Executive Committee may prescribe, consistent with procedures established by the Association.

Section 2. Dues. Unless and until reviewed by the Executive Committee, annual dues for the Section shall be $10.00. Any attorney applying for membership in this section within the first three years of admission to practice shall pay dues for the initial year of membership in the Section in the amount of $5.00. No member of the judiciary shall be required to pay dues to the Section.

ARTICLE III

Officers

Section 1. Officers. The officers of the Section shall be a Chairman, a Vice-Chairman, a Secretary and a Treasurer.

Section 2. Term of Office. Each officer of the Section shall hold office for a term beginning on January 1 following the annual meeting of the Section at which he or she is elected and ending at the close of that calendar year, and until a successor shall have been elected and qualified. A Vice-Chairman, Secretary or Treasurer elected in the course of such a term t o fill a vacancy shall serve until the close of the calendar year in which such election occurs.

Section 3. Election. The Vice-Chairman, Secretary and Treasurer shall be elected in accordance with Article VI. On January 1 of each year, following the annual meeting of the Section, the Vice-Chairman whose term of office expires at that time shall automatically succeed to the office of Chairman.

Section 4. Duties. Subject to such direction and control of the Chancellor and the Board of Governors as is provided in the By-Laws of the Association, the functions, duties and authorities of the officers shall be as follows:

(a) Chairman. The Chairman shall preside at all meetings of the Section and of the Executive Committee; shall appoint the Chairmen and members of the Committees of the Section during his term as Chairman; shall plan and supervise the programs of the Section during his or her term, subject to any direction and approval of the Executive Committee; shall supervise the activities of the Section; shall keep the Executive Committee duly informed and carry out its decisions; shall present at each Annual Meeting of the Association a report of the work of the Section for the year just ending; and shall perform such further duties and have such further powers as usually pertain to the office or as may be designated by the Executive Committee or the Chancellor.

(b) Vice-Chairman. The Vice-Chairman shall aid the chairman in the performance of his or her responsibilities in such manner and to such extent as the Chairman may request; and shall perform such further duties and have such further powers as usually pertain to the office or as may be designated by the Executive Committee or the Chairman. The Vice-Chairman shall act as Chairman in the absence of the Chairman. In the case of the death, resignation or disability of the Chairman, the Vice-Chairman shall succeed to the office of Chairman for the remainder of the Chairman's term and shall also thereafter serve as Chairman for the regular term.

(c) Secretary. The Secretary shall consult with and assist the other officers of the Section in the work of the Section generally in such manner and to such extent as they may request. The Secretary shall be the custodian of all principal books and documents of the Section, shall keep minutes of the meetings of the Section and shall perform such further duties as may be designated by the Executive Committee or the Chairman. The Secretary may be elected to successive terms, not exceeding three (3) one year terms.

(d) Treasurer. The Treasurer shall be the custodian of all funds of the Section, shall keep an accurate record of all monies appropriated and expended for the use of the Section, shall prepare an annual budget which shall be submitted to the Executive Committee for its approval and shall present to the membership at its annual meeting a Financial Report (and to the Executive Committee such interim financial reports as it may request). The Treasurer may be elected to successive terms, not exceeding three (3) one year terms.

ARTICLE IV

Executive Committee

Section 1. Executive Committee. There shall be an Executive Committee of no more than twenty-three (23) voting members of the Section which shall consist of (a) the officers of the Section, (b) the three immediate past Chairman of the Section, if any, such past Chairman each to serve for three (3) years following their term as Chairmen, (c) a designee of the Young Lawyer's Section to serve for a one year term and (d) fifteen (15) members to be elected as provided in Article VI.

The Chancellor, the Chancellor-Elect and Vice-Chancellor shall be ex-officio members of the Executive Committee. As such they shall be given notice of and shall have the right to attend the meetings of the Executive Committee and to participate in any discussion, but shall not vote.

Section 2. Term of Office. Each member of the Executive Committee shall hold office for a term beginning on January 1 following the annual meeting at which he or she is elected or appointed and ending at the close of the calendar year his or her term expires and until a successor is elected or appointed and qualifies. Vacancies during a term of any of the fifteen (15) elected members shall be filled, for the balance of such terms, by election at the next annual meeting of the Section as provided in Article VI. The Executive Committee may fill any such vacancies by interim appointment until such election.

Section 3. Eligibility. No person shall be eligible for election or appointment to the Executive Committee if he or she is then a member thereof and has been so continuously for three (3) years or more, but this provision shall not bar such person's election as an officer or consequent service as a member of the Executive Committee, nor shall it bar the ex-officio service of the immediate past Chairman.

Section 4. Attendance. The Executive Committee shall adopt such rules as it deems appropriate with respect to attendance at meetings of the Executive Committee and may provide that failure to comply with such rules shall result in removal from the Executive Committee.

Section 5. Duties. the Executive Committee shall be the governing body of the Section and shall have the authority to speak and act on behalf of the section in accordance with the Charter and By-Laws of the Association and the By-Laws of this Section; shall determine the amount of dues subject to approval by the Section; shall authorize the expenditure of all monies of the Section or appropriated for its use, but shall not authorize commitments or contracts involving the payment of money during any fiscal year in an amount exceeding the monies of the Section or appropriated for its use; and may create and dissolve standing and special committees from time to time; provided, however, that any standing committee of the Association which shall be subsumed within the Section shall not be dissolved without the consent of the majority of the committee.

Section 6. Meetings. The Executive Committee shall meet at least quarterly at a place fixed from time to time by resolution of the Committee. The Executive Committee may meet in a special session at any time and place on the call of the Chairman or any three (3) members of the Committee on not less than three (3) days oral or written notice to all persons entitled to notice; except that in the case of an emergency the Chairman may call such a meeting on 24 hours oral notice.

Section 7. Voting Proxies and Quorum. All action of the Executive Committee shall be by a majority vote of those voting members present at a duly constituted meeting. No vote by proxy shall be allowed. A quorum shall be a majority of all voting members then serving.

ARTICLE V

Meetings of the Section

Section 1. Annual Meeting. The annual meeting of the Section shall be held during the month of November at a time and place in the City of Philadelphia to be designated by the Executive Committee. At least fifteen (15) days notice by publication in the Legal Intelligencer shall be given to the membership of the time and place of the annual meeting.

Section 2. Special Meetings. Special meetings of the Section may be called by the Chairman upon approval of the Executive Committee and shall be called upon the written request of the Chancellor or of any twenty-five (25) members of the Section, at such time and place as the Executive Committee may determine. The program and order of business of any such meeting shall be arranged by the Chairman, subject to the direction and approval of the Executive Committee. Notice shall be given as provided in Section 1 of this Article V.

Section 3. Quorum. Twenty-five (25) members of the Section, of which three (3) must be members of the Executive Committee, shall constitute a quorum.

Section 4. Majority Vote. All action of the Section shall be by a majority vote of the members present.

Section 5. Plebiscite of the Section. The Executive Committee may direct that any proposition be submitted to the members of the Section at a duly constituted meeting or for vote by mail; and, in the latter event, adoption by the Section shall be by a majority of the votes received or such greater proportion of the vote as the Executive Committee may fix for the purpose.

ARTICLE VI

Elections

Section 1. Nominating Committee. At least sixty (60) days before the Annual Meeting of the Section, the Chairman shall appoint a Nominating Committee of five (5) members of the Section, at least one of whom shall be a member of a firm of 10 or fewer attorneys and at least one of whom shall be a member of a firm of 75 or more attorneys. The Nominating Committee shall nominate members of the Section for the following offices:

A. Vice-Chairman;

B. Secretary;

C. Treasurer; and

D. Five (5) elected members of the Executive Committee to serve for a three (3) year term, together with such further nominations as may be necessary to fill vacancies then existing or to occur at the close of the calendar year. The nominations shall be submitted to the Section by written notice not less than thirty (30) days before the Annual Meeting.

Section 2. Additional Nominations. Further nominations may be made by any member, by written notice to the Chairman not less than twenty (20) days before the Annual Meeting of the Section, provided that such nominations shall have not fewer than ten (10) seconders who are members in good standing of the Section.

Section 3. Election Procedure. All elections shall be by a mailed written ballot returnable in person at the Annual Meeting of the Section, provided, however, that the Executive Committee may provide for absentee ballots. All proper nominations shall be included on the ballots in alphabetical order. The ballots shall be counted by tellers appointed by the Executive Committee immediately following the conclusion of the annual meeting. If there are no nominees for election to officer ship or membership on the Executive Committee other than those submitted by the Nominating Committee, a mailed written ballot shall not be necessary; instead, at the annual meeting of the Section the Chairman shall direct the Secretary to cast a unanimous ballot for said nominees.

ARTICLE VII

Staff

Section 1. Executive Secretary. With the prior approval of the Executive Committee and the Board of Governors of the Association the Chairman is authorized to employ a whole or part-time Executive Secretary to assist in attending to the business and affairs of the Section, with such duties and responsibilities, and at such salaries, as the Chairman may, from time to time, designate.

Section 2. Other Staff. With like prior approvals, the Chairman is authorized to employ or to appoint his Executive Secretary to employ such additional secretarial, stenographic and clerical and other services and to arrange for such facilities as the business of the Section may require.

ARTICLE VIII

Miscellaneous

Section 1. Fiscal Year. The Fiscal Year of the Section shall be the same as that of the Association.

Section 2. Expenses. All bills incurred by the Section, before being forwarded to the Treasurer of the Association for payment, shall be approved by the Chairman and the Treasurer.

Section 3. Compensation of Officers. No salary or compensation shall be paid to any officer of the Section, member of the Executive Committee or member of any other Committee.

Section 4. Limitation on Actions. No action by this Section shall become effective as the action of the Association unless in accordance with the Association Charter and By-Laws.

Section 5. Effective Date. These By-Laws shall become effective upon approval by the Board of Governors of the Association and the Executive Committee of the Section.

Section 6. Temporary Officers and Executive Committee. Immediately upon approval of these By-Laws the Nominating Committee appointed at the Organizational Meeting of the Section shall submit to the Chancellor its recommendations for the appointments of a Chairman, Vice-Chairman, Secretary, Treasurer and five (5) members of the Executive Committee to serve until the January 1 following the first annual election held in accordance with these By-Laws; and five (5) members of the Executive Committee to serve until the January 1 following the second annual election held in accordance with these By-Laws; and five (5) members of the Executive Committee to serve until the January 1 following the third annual election held in accordance with these By-Laws. The Chairmen of the Real Property Committee of the Section on Corporations, Business and Banking, the Association's Committee on Condemnations and Appraisals and the Joint Committee of Lawyers and Realtors shall serve as members of the Executive Committee until the January 1 following the first annual election.

ARTICLE IX

Amendments

These By-Laws may be amended at any annual or special meeting of the Section, consistent with the Charter and By-Laws of the Association, by a majority vote of the members of the Section present and voting, provided that such proposed amendment shall first have been reviewed by the Executive Committee, and its views presented with the proposed amendment. a proposed amendment may be initiated by the Executive Committee itself, or by any member of the Section; and in the latter event, the member shall present the proposed amendment to the Executive Committee which shall review it and present it to the Section as provided above. No amendment shall become effective until approved by the Board of Governors of the Association.