By-Laws for Black Star Pan-African Community in Ghana
Table of Contents
A R T I C L E 1: NAME, HEAD OFFICE AND CORPORATE MATTERS ..................... 5
1-1 NAME ..................................................................................................................................... 5
1-2 HEAD OFFICE ........................................................................................................................ 5
1-3 SEAL ...................................................................................................................................... 5
1-4 FISCAL YEAR......................................................................................................................... 5
1-5 INTEGRITY ............................................................................................................................. 5
A R T I CL E 2: PURPOSE ...................................................................................................... 6
2-1 PROMOTE INTEREST OF THE BSPAC.................................................................................. 6
2-2 CO-OPERATE DIASPORA ORGANIZATIONS .......................................................................... 6
2-3 SOLICITATION ........................................................................................................................ 6
2-4 BUILD BRIDGES AND COOPERATE WITH COMMUNITIES ...................................................... 6
2-5 INFLUENCE PUBLIC POLICY AND ECONOMIC DEVELOPMENT.............................................. 6
2-6 ACQUIRE PROPERTY FOR DIASPORA REPATRIATION.......................................................... 6
2-7 INVEST BSPAC FUNDS AS MANDATED WITH MEMBERS CONSULTATION.......................... 6
2-8 BSPAC ORGANIZATION IN ACCORDANCE TO FEDERAL, STATE AND LOCAL CODES........ 6
A R T I C L E 3: MEMBERSHIP ............................................................................................ 7
3-1 MEMBERSHIP......................................................................................................................... 7
3-2 CLASSES OF MEMBERSHIP ................................................................................................... 7
3-3 OWNER MEMBERS ................................................................................................................ 7
3-4 ASSOCIATE MEMBERS .......................................................................................................... 7
3-5 HONORARY MEMBERS .......................................................................................................... 7
3-6 NEW MEMBERS ..................................................................................................................... 7
A R T I C L E 4: DUES ............................................................................................................ 8
4-1 ANNUAL MEMBERSHIP DUES ............................................................................................... 8
A R T I C L E 5: MEETINGS................................................................................................... 8
5-1 GENERAL MEETINGS ............................................................................................................ 8
5-2 ANNUAL GENERAL MEETINGS (AGM)................................................................................. 8
5-3 EXECUTIVE MEETINGS .......................................................................................................... 8
5-4 BOARD OF DIRECTORS MEETINGS ....................................................................................... 8
5-5 QUORUM FOR MEETINGS ...................................................................................................... 8
5-6 DECISIONS OF MEETINGS ..................................................................................................... 9
5-7 VOTING FOR ELECTION OF OFFICERS AND POLICY ............................................................. 9
5-8 SPECIAL MEETINGS .............................................................................................................. 9
5-9 SPECIAL MEETING REQUIREMENTS ..................................................................................... 9
5-10 NOTICES OF MEETINGS ...................................................................................................... 9
A R T I C L E 6: ELECTION .................................................................................................. 10
6-1 DATE OF ELECTION ............................................................................................................. 10
6-2 TERM OF OFFICE ................................................................................................................. 10
6-3 ELECTION NOTIFICATION TO MEMBERS ............................................................................. 10
6-4 REMOVAL OF ELECTIVE MEMBER FROM OFFICE ............................................................... 10
6-5 ELIGIBILITY FOR ELECTIONS ............................................................................................... 10
6-6 PREREQUISITES FOR ELECTION TO THE OFFICE OF PRESIDENT ....................................... 10
A R T I C L E 7: OFFICERS OF THE ASSOCIATION .................................................... 10
7-1 BOARD OF DIRECTORS OF THE ASSOCIATION ................................................................... 10
7-2 EXECUTIVE COMMITTEE OF THE ASSOCIATION .................................................................. 11
A R T I C L E 8. DUTIES ....................................................................................................... 12
8-1 PRESIDENT/CEO ................................................................................................................ 12
8-2 VICE PRESIDENT ................................................................................................................. 12
8-3 SECOND VICE PRESIDENT .................................................................................................. 12
8-4 SECRETARY......................................................................................................................... 12
8-5 TREASURER......................................................................................................................... 12
8-6 EXECUTIVE COMMITTEE...................................................................................................... 13
8-7 SIGNING OFFICERS ............................................................................................................. 13
A R T I C L E 9. STANDING COMMITTEES AND THEIR DUTIES.................................. 13
9-1 STANDING COMMITTEES ..................................................................................................... 13
A. BSPAC BUSINESS AND PROFESSIONAL AFFAIRS ............................................................... 13
B. SAFETY, SECURITY AND SURVEILLANCE .............................................................................. 13
C. EDUCATION, CULTURAL AND SOCIAL AFFAIRS..................................................................... 13
D. SUSTAINABLE ENERGY AND UTILITIES .................................................................................. 14
E. MEDICAL AND WELLNESS ...................................................................................................... 14
F. COMMUNITY PLANNING AND DEVELOPMENT ........................................................................ 14
G. MAINTENANCE AND LANDSCAPING ....................................................................................... 14
H. WASTE MANAGEMENT AND RECYCLING ............................................................................... 14
I. COMMUNAL AGRICULTURE AND LIVESTOCK........................................................................... 14
J. BYLAWS AND HOMEOWNERS AFFAIRS COMMITTEE ............................................................. 15
9-2 SPECIAL PROJECTS ............................................................................................................ 15
A R T I C L E 10. ADMINISTRATIVE AUTHORITY ........................................................... 15
10-1 GENERAL MEMBERSHIP ................................................................................................... 15
10-2 BOARD OF DIRECTORS ..................................................................................................... 15
10-3 EXECUTIVE COMMITTEE.................................................................................................... 15
10-4 OFFICERS COMMITTEE ..................................................................................................... 15
A R T I C L E 11. GENERAL ................................................................................................. 15
11-1 GENERAL OVERVIEW ........................................................................................................ 15
11-2 PARLIAMENTARY AUTHORITY........................................................................................... 16
11-3 BY-LAW AMENDMENTS .................................................................................................. 16
11-4 NOTICE OF SPECIAL GENERAL MEETING ........................................................................ 16
ARTICLE 12. BINDING NATURE OF BSPAC BY-LAWS ................................................ 16
12-1 BINDING NATURE OF BSPAC BY-LAWS ............................................................................ 16
CERTIFICATE OF BI-LAWS COMMITTEE AND BSPAC ARCHITECH AND DIRECTOR.................................................................................................................................. 17
A R T I C L E 1: Name, Head Office and Corporate Matters
1-1 Name
The name of the organization shall be the BLACK STAR PAN-AFRICAN
COMMUNITY, herein after called BSPAC
1-2 Head Office
The Head Office of the BSPAC shall be in the town Gyaahadze, in the Central Region, or at any place as may be determined by the Association from time to time.
1-3 Seal
The corporate seal of the organization shall be the form expressed herein. Such seal shall be in the custody of the secretary, who shall affix the same to such documents as may be required from time to time.
1-4 Fiscal Year
The Fiscal Year of the BSPAC shall be from (January 1st) to (December 31st) of each year.
1-5 Integrity
To ensure the integrity of all disseminated information and proper usage of the BSPAC name, logo, etc., the BSPAC Board of Directors must approve all such material and/or activities in which the name will be used.
A R T I CL E 2: Purpose
2-1 Promote Interest of the BSPAC
To promote the interests of BSPAC Membership, it's vision, and establishment of a Pan-African Community.
2-2 Co-operate Diaspora Organizations
To co-operate with other diaspora organizations and establishment for social, cultural, and engage in enterprise.
2-3 Solicitation
To solicit, accept, receive, acquire and hold gifts, donations, legacies and devices.
2-4 Build Bridges and Cooperate with Communities
To develop co-operative links within the diasporan community for mutual benefit of its members, and to build bridges of co-operation with surrounding local communities.
2-5 Influence Public Policy and Economic Development
To influence public opinion and public policy on matters of social and economic development.
2-6 Acquire Property for Diaspora Repatriation
To acquire and hold real and personal property by purchase, bequest, lease, or otherwise for the purposes of Repatriation of Africans in the Diaspora to return and live.
2-7 Invest BSPAC Funds as Mandated with Members Consultation
To invest co-operative funds and re-invest them adhering to the BSPAC by-laws and the consultation with the membership.
2-8 BSPAC organization in Accordance to Federal, State and Local Codes
BSPAC shall be organized in accordance with the federal, region, and local statutes. Its duration shall be perpetual.
A R T I C L E 3: Membership
3-1 Membership
Membership shall be open to any Applicant who concurs with the aims and objectives of the BSPAC, meets all requirements, and completes a membership application.
3-2 Classes of Membership
There shall be four classes of membership:
a. Owner Members
b. Associate Members
c. Honorary Members
d. New Members
3-3 Owner Members
Owner member shall be a person who owns property in the BSPAC and has paid the annual dues. Any member who has not paid his or her dues in full for one (1) full fiscal year shall cease to be a member.
3-4 Associate Members
Associate members shall be a person of another organization, institution, resident member under the legal age of 21years of age, a student, or a tenant.
3-5 Honorary Members
Honorary members shall be a person who demonstrates genuine interest in the BSPAC, and whose works and civic contribution, and membership is confirmed by a majority of the Executive.
3-6 New Members
New members who have joined successfully, at least ninety (90) days prior to the
Annual General Meeting (AGM), shall be eligible to vote.
A R T I C L E 4: Dues
4-1 Annual Membership Dues
Annual Membership Dues are due on May 1st of each year, and payable no later than the day of the AGM. "All Membership Dues are to be Assess and Determine by, The Board of Directors and presented at the AGM for approval." Only renewing members in good standing, who are paid up in full for the current year and has been a member for at least ninety (90) days prior to the AGM shall be eligible to vote.
A R T I C L E 5: Meetings
5-1 General Meetings
There shall be at least three GENERAL Meetings annually, one of which, shall be designated as the Annual General Meeting (AGM) and Election.
5-2 Annual General Meetings (AGM)
The Annual General Meeting shall be held not later than the last Sunday in June.
5-3 Executive Meetings
The Executive Committee shall meet at least once every two months, or as often as the situation demands. Such meetings may be combined with meetings of the Board of Directors.
5-4 Board of Directors Meetings
The Board of Directors shall meet at least three times per annum, or as often as the situation demands. Such meetings may be combined with meetings of the Executive Committee.
5-5 Quorum for Meetings
The quorum for meetings of the BSPAC shall be as follows:
a. General Meetings
For the General Meeting, one third (1/3) of paid up members or twenty (20), whichever is less.
b. Executive Meetings
For the Executive Committee, three (3) members, including the President or one of the Vice Presidents.
c. Board of Directors Meetings
For the Board of Directors, five (5) members, including the President or one
(1) of the Vice Presidents.
5-6 Decisions of Meetings
Decisions of all meetings shall be by majority vote of those present, (Tele- Conference/meetings included).
5-7 Voting for Election of Officers and Policy
Voting shall be as follows:
a. For elections of officers – by secret ballot.
b. For policy making – show of hand
5-8 Special Meetings
Special General, Executive or Board meetings may be called by the President on his or her initiative, or as required by the quorum at any duly constituted meeting of each body.
5-9 Special Meeting Requirements
When required to do so by such a quorum, the President shall convene a Special
Meeting within ten (10) days of being notified.
5-10 Notices of Meetings
Notices of General Meetings shall be given not less than fifteen (15) days in advance.
A R T I C L E 6: Election
6-1 Date of Election
Election of officers shall take place at the Annual General Meeting.
6-2 Term of Office
Officers of the Executive Committee and the Board of Directors shall be elected to hold office for two (2) years and shall be eligible for re-election for a further consecutive term of two (2) years. Subsequent to the second term of office, any officer shall be eligible for election to any other office.
6-3 Election Notification to Members
The General Membership shall be notified by the Board of Directors of any vacancy that occurs in the officers. Such vacancy may be filled temporarily by a member co-opted by the Board, and subsequently at a dully constituted General Meeting either by confirmation of the co-opted member, or by a by-election.
6-4 Removal of Elective Member from Office
An elected member may be removed from office if:
a. He or she is guilty of a misappropriation of funds
b. A motion is approved by a vote of two-thirds(2/3) of the voting members present and voting at a duly constituted meeting.
c. He or she is absent without explanation from three(3) consecutive meetings of the Board of Directors, Executive Committee or tender a resignation. Note: Such members may be notified by E-mail and the proper article and section quoted.
6-5 Eligibility for Elections
No person shall be eligible for election unless such person has paid his or her membership fee and has been a paid-up member for at least ninety (90) days prior to the Annual General Meeting.
6-6 Prerequisites for Election to the Office of President
No person shall be eligible for election to the office of President unless he or she has served at least one (1) previous term as an officer of either the Executive Committee or the Board of Directors.
A R T I C L E 7: Officers of the Association
7-1 Board of Directors of the Association
The Board of Directors of the Association shall be:
a. The President
b. The First Vice President
c. The Second Vice President
d. The Secretary
e. The Treasurer
f. The Immediate Past President
7-2 Executive Committee of the Association
The Executive Committee of the Association shall be:
a. The President
b. The First Vice President
c. The Second Vice President
d. The Secretary
e. The Treasurer
The Executive Committee may co-opt members in good standing from time to time.
A R T I C L E 8. Duties
8-1 President/CEO
The President shall be:
a. The chief executive officers of the BSPAC shall preside at all meetings of the
General body, the Board of Directors and the Executive Committee.
b. An ex-officio member of all committees.
c. In overall charge of Special projects of the BSPAC.
8-2 Vice President
The First Vice President shall:
a. Act for the President in his/her absence, or when so requested by the President.
b. Have overall responsibilities for five (5) Standing Committees:
(i) BSPAC Business and Professional Affairs
(ii) Safety and Security and Surveillance
(iii) Education, Cultural and Social Affairs
(iv) Sustainable Energy and Utilities
(v) Medical and Wellness
8-3 Second Vice President
The second Vice President shall:
a. Act for the President in the absence of the First Vice President, or when requested by the President.
b. Have overall responsibility for five (5) Standing Committees:
(i) Community Planning and Development
(ii) Maintenance and Landscaping
(iii) Waste Management and Recycling
(iv) Communal Agriculture and Livestock
(v) Bylaws and Homeowners Affairs
8-4 Secretary
The Secretary shall:
a. Have charge of all records, except the financial records, of all meetings of the BSPAC.
b. Perform such duties as are incidental to the office, or as may be required from time to time by the Executive Committee.
8-5 Treasurer
The Treasurer shall:
a. Be responsible for the administration of the finances and property of the BSPAC.
b. Keep a complete and accurate account of the receipts and expenditures of the BSPAC.
c. Cause to be deposited, all monies and valuable effects in the name of the BSPAC in bank or trust company.
d. Render proper accounting to the General Committee when required. e. Be an ex-officio member of all committee.
8-6 Executive Committee
The Executive Committee shall:
a. Act on behalf of the BSPAC in accordance with these by laws, and all local statutes under the Corporations Act of Ghana.
b. Make, or cause to be made, for and behalf of the BSPAC, any contract that may be lawfully entered into.
8-7 Signing Officers
Signing officers shall:
The Treasurer shall, with the President or Secretary, sign financial documents on behalf of the Association.
A R T I C L E 9. Standing Committees and their Duties
9-1 Standing Committees
There shall be standing committees of the BSPAC. The Chairperson of each shall be elected by the General Membership:
A. BSPAC Business and Professional Affairs
1. Shall advise the BSPAC on the acquisition, and/or disposal, of any property the Association owns or proposes to own.
2. Shall plan and organize seminars, workshops, and inform the community on business and professional affairs.
B. Safety, Security and Surveillance
1. Shall be responsible for development of a Comprehensive Safety and Security Program.
2. Shall investigate and document all Incidents within BSPAC and Report to the Executive Committee Weekly.
3. Shall monitor and Patrol within the BSPAC community boundaries.
4. Shall recruit, orientate and train homeowners/residents volunteers on community safety best practices.
5. Shall establish and foster working relationships with local law and security authorities and maintain regular communication.
C. Education, Cultural and Social Affairs
1. Shall be responsible for the development of a comprehensive learning program.
2. Shall identify teaching materials, consult with parents and BSPAC members.
3. Shall recruit, volunteers and works with residents to acquire resouces.
D. Sustainable Energy and Utilities
The Sustainable Utility Group/Committee endeavors to do the following:
1. Shall be an advisory group that seeks out and gathers information on best practices, as they relate to development at BSPAC.
2. Shall research and share information relative to energy, water, renewables, recyclables and eco-friendly systems, sources, and products that are available, and recommend for use and installation at BSPAC.
E. Medical and Wellness
1. Shall be responsible to develop a program which coordinates and collaborates between holistic practices and the medically trained professionals.
F. Community Planning and Development
1. Shall prepare and develop BSPAC policies and guidelines for common areas, sidewalks, easements, personal agricultural and livestock planning.
2. Shall be responsible to receive, review, and determine building plans compliance to state, local and BSPAC building codes, standards, specifications and requirements.
3. Shall be familiar with codes, building plans, drawings, utility requirements.
4. Shall research and publish relevant information on BSPAC platform - website, newsletter, bulletin broad etc.
G. Maintenance and Landscaping
1. Shall develop policies and maintenance for the environment via the design and layout of landscape. That will include natural and artificial landforms and vegetation.
H. Waste Management and Recycling
Shall formulate policies and concept of waste management; manage the central collection, removal, recycling, and disposal of materials considered waste.
I. Communal Agriculture and Livestock
1. Shall develop a communal agricultural plan which would include crops and livestock management.
J. Bylaws and Homeowners Affairs Committee
1. Shall collaborate to develop the rules adopted by an organization chiefly for the government of its members and the regulation of community affairs.
2. Shall provide a framework for the community’s operation and management. They will produce and disperse the qualifications, rights, and liabilities of membership, and the powers, duties, and grounds formaking changes or adjustments for the betterment of the community.
9-2 Special Projects
Special projects will be undertaken from time to time by the BSPAC.
Chairpersons for such projects will be appointed by the Executive Committee and will report to that committee through the President. When there is more than one candidate for chairperson, the general membership shall vote.
A R T I C L E 10. Administrative Authority
10-1 General Membership
The General Membership is the ultimate source of authority.
10-2 Board of Directors
The Board of Directors is the governing body of the Association, which will formulate and recommend policy to the General Membership, for its ratification and approval.
10-3 Executive Committee
The Executive Committee shall:
a. Make decisions, initiate and execute programs, in accordance with policies approved by the General Membership.
b. Appoint auditors to audit the financial records of the Association at the end of fiscal years.
10-4 Officers Committee
The Officers Committee shall:
a. Consist of the President, the Secretary and the Treasurer.
b. Make decisions on urgent matters between meetings of the Executive Committee.
A R T I C L E 11. General
11-1 General Overview
The Board of Directors, by resolution duly approved by a two-thirds (2/3) majority
of the Board then present, may cause to be indemnified out of the funds of the BSPAC.
a. Any member of the Board,
b. Any person authorized by the Board to carry out any act on behalf of the BSPAC
11-2 Parliamentary Authority
Parliamentary authority will govern:
Roberts Rules of Order is the parliamentary authority of the BSPAC.
11-3 BY-LAW Amendments
The BY-LAW may be amended only at a Special General Meeting, provided thirty (30) days prior notice of proposed amendment(s) be given to the Secretary.
11-4 Notice of Special General Meeting
The BSPAC may, from time to time, pass amendments to these by-laws not contrary to the Letters Patent or Supplementary Letters Patent, or repeal, or re- enact, all by-laws, but every enactment, repeal amendment or re-enactment thereof, shall only have force until the next General Meeting. The text of any such change, shall be given with the notice of the Special General Meeting, and voting shall be required for its adoption. The action shall be null and void if a meeting is not called within thirty (30) days, or if the action is not approved by 2/3 of the voting members.
ARTICLE 12. BINDING NATURE OF BSPAC BY-LAWS
12-1 Binding Nature of BSPAC By-Laws
These By-Laws shall be binding upon the Board of Directors, the
committees members, all appointed and elected officers, all members, residents and homeowners.
By signing below, the Member acknowledges that it has received and reviewed a copy
of BSPAC’s By-Laws and agrees at all time to act in accordance with the terms and conditions of the by-laws.
________________________________________________ _________________________________
Sign Legal Name Date
