SECTION 1 - This corporation shall be known as the
Lexington Flying Club, Inc., herein referred to as the CLUB, and shall be
incorporated under the laws of the
SECTION 2 - The members of the CLUB are the owners of the aircraft owned by the corporation. The corporation does not rent its aircraft to anyone. The monies collected from the members are for the express purpose of equitably distributing the expense of owning/flying the CLUB aircraft among the member owners.
SECTION 1 - The object of the CLUB shall be to promote knowledge and practice of safe flying and to make low cost flying available to its members on a nonprofit basis.
SECTION 1 - Regular meetings of the CLUB shall be held on the second Tuesday of each month, or as needed for efficient management of the CLUB.
SECTION 2 - A quorum of the CLUB shall consist of one-third of the active members. For the purposes of determining a quorum, proxies from active members (written or verbal) provided to a CLUB officer may be counted. If a verbal proxy is challenged, the member giving the proxy must provide a written statement in order to substantiate the proxy.
SECTION 3 - A quorum of the Board of Directors shall consist of at least three board members.
SECTION 4 - There must be a quorum present at a meeting in order to conduct official business.
SECTION 5 - When a quorum is present, approval shall consist of a majority of votes by the members present. Actions requiring approval of a two-thirds majority of a quorum of members must be explicitly called out in either the Constitution or By-Laws of the CLUB.
SECTION 6 - If a quorum does not exist at a regular meeting of the members, those members present may vote on issues with the understanding that any motions passed will be sent to the entire membership by mail and the issues voted upon by return mail ballot. These ballots will be sent out within two weeks of the meeting. The notice explaining the issues will provide a cutoff date when returned ballots must be postmarked and one-third of the membership must return ballots in order for the vote to be valid. An issue thus ratified will go into effect at the end of the month in which the meeting was held unless a specific date is included within the motion itself. The results of the mail ballot will be announced at the next regular meeting.
SECTION 7 - Notices of special meetings shall be sent to all CLUB members.
SECTION 1 - The officers of the CLUB shall consist of a President, Vice-President for Maintenance for each aircraft, a Secretary, a Treasurer, a Vice President - Administration, and a Safety Officer.
SECTION 2 - The officers shall be elected annually by mail ballot prior to and shall take office at the regular meeting of the members in May.
SECTION 3 - The Board of Directors shall consist of the officers of the CLUB. The Board of Directors shall be empowered to conduct all routine CLUB business as well as subsequent powers herein stated.
SECTION 4 - The post of a resigning officer or board member must be filled at the next regular meeting of the members following the resignation. The new officer shall serve for the unexpired term of that post.
SECTION 1 - The order of business at the regular meetings of the members shall consist of the following:
SECTION 1 - The Constitution and By-Laws of the CLUB may be amended or repealed by a two-thirds vote of the members present provided there is a quorum present. The procedure outlined in Article III, Section 6 of this constitution may be used in the event a quorum is not present.
SECTION 1 - In the event of dissolution of the CLUB, once the debts of the organization have been satisfied, the assets of the organization will be divided amongst the existing members in the same ratio as the initiation fees paid by each member.
SECTION 1 - The President shall preside at all meetings and act as Chairman of the Board of Directors. He shall enforce the Constitution, By-Laws and special rules of the CLUB. He shall be empowered to call special meetings of the members and Board of Directors whenever necessary. He shall act as coordinator of CLUB activities and manager of CLUB affairs. He shall make recommendations concerning growth and development of the CLUB. He shall perform other duties as may be required. He shall have other powers as prescribed herein.
SECTION 2 - Each Vice-President for Maintenance shall be empowered and responsible for contracting with FAA approved aviation repair and service facilities to assure that such maintenance facilities can maintain the airworthiness of assigned aircraft. He shall be responsible for procuring and renewing all necessary registration and licensing of the aircraft, radios and other accessories as appropriate. He shall authorize, with the consent of the President, all necessary work to be done on the aircraft. When the aircraft is removed from or returned to flying status for maintenance purposes, the Reservation Service will be advised.
SECTION 3 - The Secretary shall make and preserve minutes of all meetings of the CLUB members, inform absent members of pertinent CLUB information, send notices of any special meetings to the members, carry on correspondence necessary for the operation of the CLUB, maintain a current membership roster, and perform other duties that the office may require.
SECTION 4 - The Treasurer shall be responsible for an accurate, current accounting of all CLUB funds, assets and all accounts payable. He and the President shall have authority to deposit and draw any checks on the accounts of the CLUB. He shall be responsible for presenting a written financial statement of the CLUB's assets and liabilities as of January 1 at the regular January meeting of the members, as well as preparing a written financial summary of the CLUB's business for the previous year. He shall be responsible for conducting all matters concerning any taxes, tax reports, or other tax assessments levied against the CLUB. The Treasurer shall act as President during the absence of the latter.
SECTION 5 - The Vice President - Administration shall be responsible for
SECTION 6 - The Safety Officer shall be responsible for the establishment and promulgation of good flight safety standards in all phases of the CLUB's flight operations on the ground and in flight. He shall monitor the flight training for members flying as students and insure that student members employ qualified instructors.
SECTION 1 - Membership may be acquired by:
There shall be the following types of memberships:
SECTION 2 - Except as provided in ARTICLE II, Section 3 below, Restricted Memberships limit the member to flying the primary trainer only. (See the ADDENDUM for the airplane currently designated the primary trainer.)
SECTION 3 - Restricted Memberships may fly the secondary trainer(s) at the current hourly rate for the aircraft plus the secondary trainer surcharge as listed in the ADDENDUM. The following limitations exist:
SECTION 4 - Restricted Memberships who wish to upgrade to Full Membership via the Special Membership plan may fly the secondary trainer(s) according to the following requirements:
SECTION 5 - [Reserved]
SECTION 6 - A Full Membership shall entitle the member to fly all of the CLUB aircraft except complex aircraft.
SECTION 7 - [Reserved]
SECTION 8 - An Associate Member must be a dependent of a CLUB member. He may be afforded the privileges of a nonvoting Associate Membership during the period of student pilot training only. The charge for this membership will be an initiation fee of $25.00 per associate in addition to the regular dues for each associate. At such time as the Associate Member becomes a licensed pilot, he will be subject to the membership requirements for at least a Restricted Member. The Associate Membership shall be limited to a total of 60 hours flying time. The initiation fee shall apply towards the initiation fee of a higher membership. If the Associate Member goes inactive or fails to pay dues, the initiation fee shall be forfeited.
SECTION 9 - A husband and wife may be afforded the privileges of a Couples' Membership . Both the husband and wife must have the same type of membership and each has full voting status. The initiation fee of a Couples' Membership will be two times the membership requested. The dues will be as stated in ARTICLE XIII.
SECTION 10 - The owner of an aircraft which is leased to the CLUB is automatically afforded an Adjunct Membership. An Adjunct member has no voting rights; pays no dues; pays no initiation fee; and has no financial equity in the CLUB. He may only fly his own aircraft. By making application and paying the monthly dues, the owner may join the CLUB in any of the other types of membership if he so chooses. The initiation fee is waived for the duration of the lease. In the event the lease is terminated, however, the owner must either join the CLUB in one of the other membership categories (and pay the appropriate initiation fee) or leave the CLUB.
SECTION 11 - A member having paid an initiation fee to the CLUB shall have the right to upgrade his membership as his qualifications and finances permit.
SECTION 12 - A member in good standing is one who has not been cited for carelessness or irresponsibility as covered in ARTICLE II, Section 14, and who has not exceeded the debt limit as stated in ARTICLE XIII, Section 3.
SECTION 13 - No member regardless of standing in the CLUB may sell or transfer his membership to another person.
SECTION 14 - A membership may be revoked without recourse or compensation by the Board of Directors for any flagrant or repeated infraction of the Constitution, By-Laws, or special rules of the CLUB. Ignorance will be no defense. Reports of carelessness, irresponsibility, or poor judgment in the use of CLUB planes may be cause for suspension of a membership, and the member will not be permitted to fly CLUB planes until the Board of Directors conducts a satisfactory review. Suspension will be automatic and immediate when:
SECTION 15 - CLUB membership will be terminated on written notice to the Secretary, and will become effective on the date requested by the terminating member, or, in the absence of a requested terminating date, on the last day of the month of the letter's postmark. The Board of Directors will decide the issue if a termination is requested retroactive to a date prior to the postmarked date of the letter.
SECTION 16 - Since the CLUB relies on the dues of its members to budget for fixed expenses, and suffers financially if a member fails to provide timely written notice of termination, the member will be liable for the dues up to the date written notice is provided.
SECTION 17 - Members requesting inactive status are subject to Board of Directors' approval.
SECTION 18 - A former member in good standing may reinstate his membership if vacancies exist
SECTION 1 - The monthly dues as stated in ARTICLE XIII, Section 2, shall be payable to the Treasurer and are due on the first day of each month.
SECTION 1 - Flying time must be paid within 10 days of receipt of the statement. A monthly statement of all charges will be prepared by the Treasurer and mailed to each member. A MONTHLY FINANCE CHARGE will be assessed on the unpaid balance if payment is not received (or postmarked) before the end of the current billing cycle. Billing cycles will be no more often than monthly. The flying rates and the rate for the MONTHLY FINANCE CHARGE are published in the ADDENDUM.
SECTION 2 - In order to insure that each member makes timely payments, a PENALTY SURCHARGE will be applied to each member's bill if the outstanding balance exceeds two months dues or $50.00 whichever is greater; the amount of the PENALTY SURCHARGE will be 25% of the outstanding balance, not to exceed $50. The President has the authority to waive this PENALTY SURCHARGE upon presentation of the member's case to him, however, chronic occurrences shall result in a requirement that the PENALTY SURCHARGE be paid and the Board shall determine if the member's financial misconduct should result in revocation of membership.
SECTION 3 - Gas and oil purchases or pre-heats paid for by the pilot and accompanied by receipts may be deducted from flying costs. Other allowable expenses incurred on flights away from the home base must be presented to the Treasurer for reimbursement. See the ADDENDUM for excluded items.
SECTION 1 - Any member of the CLUB exceeding the debt limit as prescribed in ARTICLE XIII, Section 3, shall lose flying privileges until such time as the delinquent portion of the account is paid.
SECTION 2 - Exceptions to Section 1 above may be granted by the Board of Directors in case of extreme hardship. Any plea for exception must be made in writing prior to the loss of privileges. In no case will the debt be excused.
SECTION 3 - In the event of the necessity to take or to threaten to take legal action against a member to recover monies due the CLUB, the member will be liable for reasonable attorney fees, court costs and other costs associated with collecting the debt. The member cannot be considered to be in good standing until such costs and fees are collected.
SECTION 1 - All bills presented to the CLUB for payment must be forwarded to the Treasurer. Only bills which are legitimate and authorized shall be paid. Bills will be paid by check drawn by the Treasurer or the President.
SECTION 2 - A bill will be considered authorized if accrued in a manner prescribed in the By-Laws or as approved by the Board of Directors of the CLUB.
SECTION 1 - The aircraft of the CLUB shall be maintained according to FAA regulations.
SECTION 2 - No regularly scheduled maintenance shall be performed on the aircraft by any member (except gas, oil, air, and superficial cleaning) unless authorized by the appropriate Vice-President for Maintenance or the President.
SECTION 3 -
SECTION 1 - The CLUB shall carry public liability and property-damage
insurance on all its aircraft in an amount deemed necessary by the Board of
SECTION 2 - All members shall be responsible for understanding the limits, restrictions, and exclusions of the CLUB's insurance policy and shall not hold the officers liable for any failure to provide certain policy coverage.
SECTION 3 -The CLUB will defend any, and/or all, officers from personal financial exposure in any lawsuit against them on behalf of the CLUB. Specific insurance policy coverage may be obtained to provide this protection.
SECTION 1 - The CLUB shall be liable for the damage of any property involved in an accident which is due to an undetectable mechanical failure of the aircraft. An undetectable mechanical failure is one that would not be discovered in a thorough walkaround inspection or during the preflight runup.
SECTION 2 - A CLUB member shall be liable for the damage to any aircraft involved in an accident, not covered by insurance (subject to the exception in Section 5), when due to the member's negligence or poor judgment.
SECTION 3 - Whether any incident/accident is caused by negligence and/or poor judgment or mechanical failure will be determined by the Board of Directors (and when appropriate, with the aid of an official FAA/NTSB accident report.
SECTION 4 - When a CLUB private pilot (or higher) and a CLUB student pilot are flying together, the private pilot is considered the pilot in command and, therefore, responsible for the safe operation of the aircraft. Any CLUB member employing a CFI (not a member of the CLUB) shall be liable as per Section 2 above.
SECTION 5 - Providing the Board of Directors determines that a member is not in violation of Section 1, 2, and 4, the CLUB will pay the insurance deductible.
SECTION 6 - If policy coverage is not applicable, the CLUB shall not be liable for any personal property losses of the members.
SECTION 1 - All flights must be scheduled in advance in the prescribed manner.
SECTION 2 - Solo night flying by student pilots is prohibited.
SECTION 3 - Members must at all times comply with FAA rules and regulations.
SECTION 4 - Except in emergencies, all takeoffs and landings must be at airports suitable for safe operation of the aircraft.
SECTION 5 - A member starting up an aircraft must pay for at least thirty minutes of flying time.
SECTION 6 - Only certified flight instructors approved by the Board of Directors shall give instruction in CLUB aircraft.
SECTION 7 - Members must comply with notices posted in or on the CLUB aircraft or other CLUB property or designated posting areas. All notices thus posted must be brought to the attention of the President by the person posting.
SECTION 8 - Any student who has not flown for two calendar months will check out with a CFI and have his logbook endorsed before flying solo.
SECTION 9 - A member who has not flown for 90 days must receive a checkout from a CFI prior to flying solo or carrying passengers. FAA regulations require that the member make notless than three takeoffs and landings as sole manipulator of the aircraft prior to carrying passengers.
SECTION 10 - Any new member must receive a checkout in each plane he is eligible to fly by a CLUB officer before flying with or without passengers.
SECTION 1 - A member must schedule the aircraft he is authorized to fly. If he is not present 30 minutes after the starting time scheduled, the plane will be considered available for another member PROVIDED that the answering service is notified of the change. In the case of "all day" reservations, the plane shall be available only with the approval of the scheduling member. The penalty for failing to cancel an "all day" reservation will be the hourly rate of the reserved airplane times the minimum hourly time for an overnight reservation as per Section 5 below.
SECTION 2 - In the event of conflicting schedules which cannot be resolved by the members, the President or other officer of the CLUB shall determine the priority.
SECTION 3 - The primary trainer is the only aircraft available to Restricted Members, except as stated in ARTICLE II, Section 3. The primary trainer shall be used for student training and local flights. The plane may not be taken out overnight or scheduled for a block of time exceeding five hours without prior approval of the President.
SECTION 4 - Student pilots who have been checked out and signed off by their instructor may schedule the secondary trainer with the following restrictions: A plane may not be scheduled more than one week in advance, and may not be taken out overnight without permission of the President. Students may only fly trainers (Primary and Secondary) regardless of class of membership.
SECTION 5 - Any member keeping an aircraft overnight during the week must average one hour flying time for each twenty-four hour period during the week and average two hours for each twenty-four hour period on weekends or holidays. The weekend is counted as starting at sunset Friday until sunset Sunday.
SECTION 1 - The aircraft shall have at least the minimum equipment required by the FAA regulations for the type flight involved.
SECTION 1 - The initiation fee for the Restricted Membership, and Full Membership are published in the ADDENDUM.
SECTION 2 - The monthly dues and aircraft flying costs shall be subject to periodic review by the officers of the CLUB, and [except as provided in Section 3 below,] if it is deemed necessary, the dues or hourly rates to members may be adjusted by an amount not to exceed 10% of the current levy. The percentage adjustment will remain in effect until ratified or rejected by a quorum of the membership. Dues reflect the cost of fixed expenses plus a 10% surcharge for additional equipment purchases. The flying costs (hourly rates) shall be established by the Board of Directors upon consultation with the Treasurer. Hourly rates shall include gas, oil, maintenance, and overhaul reserve. The dues and hourly rates currently established shall be published in the ADDENDUM.
SECTION 3 - Due to the volatility of gas prices and their effect on the financial vitality of the CLUB, the Board of Directors may vary the hourly rates due to fluctuations in gasoline prices as necessary without seeking membership approval.
SECTION 4 - The member's debt limit is as follows:
SECTION 5 - Any member obtaining a new or additional flight (exclusive of type) rating or license shall be allowed a $50 flying credit.
SECTION 6 - Any member who recruits another person into the CLUB shall be entitled to a flying credit equal to 10 percent of the initiation fee that is incurred by the new recruit. The new member must state on the membership application the name of the person who recruited him.
SECTION 1 - Salaries of the officers shall be as follows: $10.00 per month flying time in authorized planes in accordance with membership.
An additional $10.00 flying time shall be awarded if the officer attends the regularly scheduled CLUB meeting for that month.
SECTION 2 - The salary as stated in Section 1 may be withdrawn at any time by a two-thirds vote of a quorum of members at a regular meeting.
Hourly flying rates are established at the lowest possible level consistent with good financial practices. Revenues obtained from billed charges for flying CLUB airplanes are used to pay for variable direct costs associated with operating the aircraft. (Dues pay fixed costs of the CLUB, i.e., insurance, loan costs, postage, etc.)
Effective 1/10/2017, rates for flying the CLUB aircraft are:
These hourly rates are based on an average cost of $6.612 per gallon of aviation gasoline.
Time flown is determined from the tachometer hour recorder and is billed for each hour and fraction of hours shown between the beginning and the conclusion of the flight.
Flying costs which (if incurred) must be paid by members include, but are not limited to the following:
The monthly dues currently in effect (4/1/2016) are:
The initiation fees currently in effect are:
The current rate for the MONTHLY FINANCE CHARGE is:
1.5% of the unpaid billing cycle balance.
The Cessna 152 is designated to be the CLUB's primary trainer.
The Cessna 172's are designated to be the CLUB'S secondary trainer.
The secondary trainer surcharge is $8.00 per hour.
The maximum utilization of the CLUB's aircraft will be achieved only if the members are conscientious about scheduling and releasing reserved time in the aircraft. If conflicting schedules exist, members are encouraged to contact those members who have the reservations to see if there has been a last minute change in plans. Similarly, members who find that they are unable to use time they have scheduled are urged to cancel their reservations as early as possible.
Members who return home early from trips should cancel the remaining portion of their time. Members who find out that they cannot get out to the airport until several hours after the starting time of their reservation should cancel any part of their time prior to when they can get out to the airport. Any difficulties in scheduling should be brought to the attention of the President so that scheduling abuses may be identified and dealt with.
152 Overnight Policy: The CLUB president currently uses the following policy to allow overnight use of the Cessna 152: If the member is willing to wait until the day he/she wants the airplane and if the airplane has not been scheduled, the president will routinely allow use of the airplane overnight and for any part of the next day that remains unscheduled.
Cheap flying for ferrying planes for maintenance: In order to ferry airplanes for maintenance, the CLUB maintenance officers are authorized to ask for members who would be willing to split the costs of the flight 50-50. Members should register their willingness to participate in this program by notifying each maintenance officer individually. The flight logs should reflect the split by showing half the time being charged against the airplane and half against the individual member.
Winter surcharge to pay for pre heats: Effective December, 2011 the CLUB membership voted to institute a $1.00 surcharge for each log entry between December 1 and March 31st each winter to recover the costs of providing free pre-heats on all CLUB aircraft. The CLUB picks up the tab for pre-heats both at the home base of operations and at transient airports as well. If a member elects to have an airplane put in a heated hangar overnight, the CLUB will reimburse $15 towards that cost.
Penalty for not attending
Wings program flying credit award: Effective June, 1992, the CLUB membership elected to award a $50 flying credit to any CLUB member who received any level of WINGS award.
Mechanical difficulty, how much is owed: In the event of a mechanical problem with an airplane resulting in a log entry of less than half an hour, the CLUB will routinely waive the flying penalty (FLP) assessment but will not waive the actual hourly usage under the theory that the pilot is able to log the taxi time as flight time and therefore benefits from the time spent in the airplane.
Curbing inactive membership abuse: If a member wants to reactivate an inactive membership, the CLUB will expect them to remain active for a period of at least a year to avoid misuse of this privilege. Violation of this policy will result in a penalty equal to three active months dues.
Returning to a higher level after vacating: If a member wants to go back to a higher membership level after vacating that level, the CLUB will assess an initiation fee equivalent to the lower of 1) the rate for inactive dues times the number of months that the member has vacated the higher level or 2) the difference in the current initiation fees for the membership levels involved.
Requirement to attend two meetings a year: In February, 1995 the membership voted to require all active members to attend at least two regular meetings per year. Wash/Wax attendance does not count for this requirement. Failure to do so will result in a $50 penalty. The president can excuse a member if his/her schedule does not permit attendance.
Aircraft Keys: A box with access to the Cessna keys and a box with access to the Archer keys is available in the club office.
Duties to earn new member recruitment award: In return for receiving a flying credit for recruiting a new member, each member who recruits a new member is expected to show the new member the ropes. The Safety Officer has a checklist for this purpose and also, is available to coordinate checkouts in the airplanes.
Required use of low wing aircraft protective covers: Unless the next user of the airplane is on the ramp at the end of the flight, replacement of any cover for the low wing aircraft is mandatory after each member's reservation. If you find that the cover has been left off, please report this to the plane's maintenance officer that appropriate measures can be taken.
Payments due by end of the month: Since the by-laws call for payment of the current month's dues on the first day of the current month and, since the by-laws call for payment of flying within ten days after receipt of the monthly statement, the CLUB will deem a payment to be late if it was not been received at the CLUB's post office box by the time the final pickup is done on the first day (or later) of the subsequent month. The member shall be liable for late penalties/finance charges in that event. It is strongly suggested that payments be mailed no later than the 25th of the current month to avoid being charged penalties or finance charges.
Don't claim tie down or landing fees: Members should check gas receipts that are turned in to insure that they do not claim tie-down or landing fees that are not reimbursable. This will insure that the member does not incur unexpected finance charges for failing to pay the bill in full. The members' name and the aircraft's tail number must be on each gas receipt to insure timely credit.
Use CLUB oil: The CLUB has elected to use 15/50 multigrade oil in all of its aircraft. The only exception
would be when mineral oil is used after an engine change or after replacing a
cylinder. The CLUB keeps oil in a cabinet located above the office on the
landing in the hangar. Members are asked to replace oil from that inventory if
oil is needed before the flight at hand. Notify
Malfunctions away from home: If an airplane has to be left at some other airport due to mechanical difficulties, the member must notify the affected pilots who scheduled the airplane after him and the member must notify the maintenance officer so the schedule can be modified as appropriate. The member is responsible for the tach time up until the problem and should log the time in the flight logbook. The member is responsible for getting home. The CLUB is responsible for getting the airplane home.
Weather prevents getting home: If an airplane has to be left at some other airport due to weather difficulties, the member must notify the affected pilots who scheduled the airplane after him and the member must notify the maintenance officer so the schedule can be modified as appropriate. The member is responsible for the tach time up until the problem and should log the time in the flight logbook. The member is responsible for getting home. The member is also responsible for getting the airplane home. If that cannot be accomplished in a few days, the CLUB will assign pilots to get after the airplane and the cost of the chase plane and the stranded plane will be billed to the member. There will not be any penalties assessed due to lost availability of the stranded airplane. This is done to minimize "get-home-itis."
Policy on Gas Reimbursements: Effective: July 2010, the gas rebate policy was changed to reimburse members for gas expenses at the home field price instead of the purchased price. This means that a member will be reimbursed for out of pocket costs plus get an additional rebate when buying less expensive gas. Conversely, if gas is purchased at a higher price that at the home field , only the home field price will be reimbursed.