Flying club bylaws: what 11 clubs put in theirs, topic by topic

What goes in a flying club's bylaws? We read the published bylaws of 11 member flying clubs — nine in the United States, one in Canada and one in the Netherlands (its statutes) — and AOPA's Guide to Starting a Flying Club, and compared them topic by topic: membership, joining and leaving, dues and what happens when they go unpaid, assessments, voting and amending, damage to aircraft, discipline and dissolution. This is what clubs wrote, not legal advice; the law of your state or country decides what your bylaws must say.

Short answer: bylaws are the club's constitution — who may be a member, what members owe and when, how the board is elected and how members vote, and what happens when a member leaves, is expelled or the club dissolves. The day-to-day use of the aircraft goes in separate operating rules. AOPA: "Bylaws describe things like membership responsibilities—financial and other—how to join and leave the club, how the club’s officers are elected and so on." At the 11 clubs we read, the board sets the dues at eight, and the members amend the bylaws at nine — by a two-thirds vote at six. At two only the board can change them, and at a third (Desert Flying Club) the board may do so as well as the members.

Bylaws or operating rules: what goes where

Bylaws

Usually changed by the members — by a two-thirds vote at 6 of the 11 clubs; by the board alone at 2, and by the board or the members at Desert

• What kind of organisation the club is
• Membership classes, joining and leaving, refunds
• Who sets the dues, and what happens if they go unpaid
• Assessments and spending limits
• Board, elections, quorum, voting
• Discipline and expulsion
• Dissolution: where the assets go

Operating rules

Usually changed by the board — Fox Flying Club and Michigan Flyers: two-thirds of the directors

• Booking: length, how far ahead, cancellations
• Checkouts and currency
• Dispatch, check-in, fuel
• How to leave the aircraft

Bylaws or operating rules?

AOPA advises keeping them apart, because "usually, bylaws require a more formal process of review and approval than the ops rules." The operating rules "will cover things such as reserving the club planes, how to dispatch and check-in the aircraft, fueling policies, and the all-important expectations on how you should leave the airplane after use." Fox Flying Club works exactly that way: "Rules affecting members and the day-to-day business and operation of the Club equipment shall be adopted at any regular or special meeting of the Board by a two-thirds (2/3) vote of the Directors present." So does Michigan Flyers: "The Operating Rules may be adopted, amended, or repealed by a two-thirds (2/3) vote at a regular meeting of the Board of Directors." Our booking rules overview covers what clubs put in those rules.

AOPA also says: "many clubs publish their bylaws on their websites so you can learn from others, but don’t just copy them."

Membership: classes, caps and inactive members

The clubs range from one class to seven. Westchester Flying Club: "Membership shall consist of a single class." Hokie Flying Club: "The Membership shall be classified as (1) Active Flying Members, (2) Family Members, (3) Associate Members, (4) Inactive Flying Members, (5) Suspended Members, (6) Honorary Members, and (7) Mechanic Member." Desert Flying Club gives instructors a free membership with a condition: "CFIs must instruct at least ten (10) hours per year in club aircraft to club members in order to maintain a free CFI membership."

Several bylaws cap the number of members to keep the aircraft available. Westchester puts a number on it: "Maximum membership is 12 times the number of aircraft operated by the Club." Hokie: "The number of Pilots may be limited at the discretion of the Board based on the amount of equipment in service and the average time the equipment is in use." Paramus Flying Club's board may limit membership "in order to ensure proper availability of Club aircraft to present Club members", and a new member there is on probation: "during the first year (365 days) of Club membership, each new member shall be subject to removal by the Board of Trustees for just cause."

Inactive status — a break from flying — is limited in time: "The inactive status may only span 120 days from the Board’s receipt of the request" (Hokie); "A member may be inactive for a maximum of 36 months" (Westchester, where inactive members "shall be relieved of the obligation to pay dues or assessments" — though one who returns within a year "must pay all dues and assessments payable by members during the period of inactive status"). Oregon State Flying Club lets an inactive member back "provided a vacancy exists in the active membership." And International Flying Club: "Inclement weather is not considered a valid reason."

Leaving: refunds, shares and waiting lists

How a member gets money back on leaving is where bylaws differ most, and AOPA describes the two ends: "Some will permit a member to sell their share for whatever they can negotiate, while other clubs will “buy back” the membership for an amount stated in the bylaws." The clubs we read:

• Paramus Flying Club (equity): "Upon withdrawal from Club membership, a member shall receive no more than that amount of equity that he has contributed to the Club." The equity comes back "within seven (7) days of the payment of equity to the Club by a new prospective member", and withdrawals are handled in order — "provided, however, that a member providing a replacement member shall have precedent".
• Westchester Flying Club: "Members who resign and who are not in arrears are entitled to a refund of a portion of their application fees, as published in the Club Prospectus, when their vacancies are refilled by new members." And: "Resigning members can obtain their refunds without waiting by introducing a replacement who is accepted into membership."
• Ann Arbor Flyers (equity deposit): "Upon the resignation becoming effective, the Member’s equity deposit or portion thereof, calculated in accordance with the Operating Procedures, will be refunded."
• Hokie Flying Club (deposit): "The deposit shall be refunded to members who have resigned when the Board determines there are sufficient funds."
• International Flying Club (deposit): "The club treasurer shall refund security deposits upon satisfactory completion of all outstanding obligations to the flying club ($25 charge for failure to return club keys)."
• No sale at all: "Membership in the Club is not transferable." (Michigan Flyers); "No membership can be sold or transferred and only an Owner Member share may be transferred to an immediate family member upon approval of the Board of Directors." (Woodstock Flying Club, Canada).

None of the bylaws we read states the amount of the buy-in or deposit itself; the board or a fee schedule sets it. What clubs charge to join is in our flying club cost table.

Dues, and what happens when they go unpaid

AOPA wants how often dues are collected written into the bylaws: "have it as a formal section in the bylaws so there is no doubt what members owe, and when they must pay." At eight of the 11 clubs the board sets them — Hokie: "The Board shall determine initiation fees, refundable deposit, monthly dues, flying charges, insurance fees, and other financial assessments." At two the members have the final say. Westchester: "All such dues, flying charges, and assessments (other than fuel charges) must be approved by the membership before going into effect"; the Dutch Motorvliegvereniging Hoogeveen sets its contribution at the annual general meeting ("waarvan het bedrag jaarlijks door de algemene vergadering tijdens de jaarvergadering wordt vastgesteld"). At Ann Arbor Flyers the board sets the dues, but "The annual operating budget (“the Annual Budget”) for the Club shall be developed by the BOD and approved by the membership before the beginning of each fiscal year." Oregon State's bylaws do not say who sets the dues. Michigan Flyers adds a fairness rule: "The fee schedule may vary according to membership class, but may not vary among members of the same class."

Unpaid dues: when a member is grounded, and when they can be put out

• Westchester Flying Club

  day 0: grounded on the due date, automatically · day 90: considered for dismissal at three months in arrears

• Desert Flying Club

  day 15: suspended after 15 days — no flying, voting or events · no deadline for ending the membership

• Paramus Flying Club

  day 60: may be suspended from flying after 60 days, plus 1.5% a month · day 60: the board may drop the member from membership

• Woodstock (Ontario) Flying Club

  day 60: delinquent after 60 days · day 182: all rights may be terminated at the end of 6 months (the bylaws do not say from when; drawn from the due date)

Four clubs say after how many days unpaid dues ground a member. Westchester is strictest: "Any member whose bill is not paid by the due date shown on their monthly bill is in arrears and is automatically prohibited from flying Club aircraft until the account is paid to the satisfaction of the Treasurer", and a member three months or more in arrears is "considered for dismissal from membership". Desert Flying Club: "In the event that club dues are not paid within 15 days after the due date, the member’s status will be suspended until the fees are paid." Paramus allows 60 days: after that the treasurer may suspend the member from flying, "a finance charge of 1.5% per month may be assessed", and "In addition, the board may drop the member from membership". Woodstock: "When a delinquent member fails to pay the membership fee at the end of 6 months, all rights may be terminated." Fox Flying Club makes a member delinquent from the invoice due date and leaves the rest to the board: "Under delinquent status a member may be suspended by the Board from scheduling and flying Club aircraft, and may be moved to Inactive Member." The Dutch Hoogeveen statutes use a date: a member who, after repeated written reminders, "op de eerste maart niet ten volle aan zijn geldelijke verplichtingen jegens de vereniging heeft voldaan" — has not met all financial obligations to the club by 1 March — can have the membership ended by the board at the end of the club year. At Michigan Flyers arrears also cost the vote: "Members in arrears who settle their accounts by the time of the meeting shall be entitled to vote at the meeting."

Assessments and spending limits

AOPA: "make sure that the possibility of an assessment is built in to your bylaws". The clubs we read build in the possibility and its limits. International Flying Club: "For extenuating club circumstances that result in a significant unexpected financial shortfall, the BoD may charge an assessment fee." Ann Arbor Flyers puts large ones to the members: "Special assessments levied on the Members, in whole or in part, that exceed $1000 per Member within 12 calendar months," need a member vote. Hokie: "All Members are required to share equally any monthly or Fiscal Year obligations of the Club." Spending gets the same treatment: "Any expenditure exceeding $1,000 other than for maintenance or repair of an aircraft and any Club borrowing of any nature must be approved by the membership." (Westchester); "The Board of Directors shall not enter into any agreement of purchase or sale for a capital expenditure in excess of $3,000 without the prior approval of the Owner Members." (Woodstock). Under the Dutch statutes, a member who resigns within a month of learning of a decision that raises members' financial obligations is not bound by it: "Nochtans kan een lid binnen een maand, nadat hem een besluit, waarbij de financiële verplichtingen van de leden zijn verzwaard, is bekend geworden of is medegedeeld, door opzegging van zijn lidmaatschap de toepasselijkheid van het besluit te zijnen opzichte uitsluiten."

Board, quorum, voting and amending

Who changes the bylaws, and how many must be there

• Westchester Flying Clubtwo-thirds vote
  amend: two-thirds of members present, 15 days’ notice · quorum: 20 members or 30%, whichever is lower · board: 4 (the officers), 1-year terms
• Michigan Flyerstwo-thirds vote
  amend: two-thirds of members present · quorum: 2/10 of voting members · board: 7, elected directors 2-year terms
• Fox Flying Clubtwo-thirds vote
  amend: two-thirds of Active Members present · quorum: 20% of Active Members · board: up to 11
• Woodstock (Ontario) Flying Clubtwo-thirds vote
  amend: two-thirds majority at a members’ meeting · quorum: one-quarter of members in good standing · board: 5 to 9, 2-year terms
• Motorvliegvereniging Hoogeveentwo-thirds vote
  amend: two-thirds of valid votes at a general meeting · quorum: not stated · board: odd number, 3 to 9
• Desert Flying Clubtwo-thirds vote
  amend: two-thirds of a quorum of the Board, or of the members · quorum: 25% of members · board: 7, 2-year terms
• Hokie Flying Clubmajority vote
  amend: majority of members present, one month’s notice · quorum: 7 members or 50%, whichever is more · board: 9
• Paramus Flying Clubmajority vote
  amend: majority of all members entitled to vote · quorum: one-third of members or 10, whichever is less · board: 7 trustees by default, elected annually
• Ann Arbor Flyersmajority vote
  amend: majority of the Active Members · quorum: one-third of Active Members · board: 5 officers, 2-year terms
• Oregon State Flying Clubthe board alone
  amend: the Board alone · quorum: the votes represented at the meeting · board: 3 to 15
• International Flying Clubthe board alone
  amend: the Board alone · quorum: one-third of voting members · board: 5 to 11, 1-year terms

Every club that says so gives one vote per member on club business — Fox: "Each Active Member shall be entitled to one vote on each matter submitted to a vote of the members." International Flying Club adds a second kind of vote: "Equity members shall be entitled to vote on matters pertaining to maintaining and upgrading aircraft in proportion to their ownership interest." Board sizes run from three (the minimum at Oregon State and Hoogeveen) to fifteen (Oregon State's maximum); Westchester's board is just its four officers. The quorum for a members' meeting ranges from whoever attends — Oregon State: "Those votes represented at a meeting of members shall constitute a quorum." — and two-tenths of the voting members (Michigan Flyers) to "seven voting Members or 50 percent of total membership, whichever is more" (Hokie); Westchester sets "20 members or 30% (rounded up) of the then-current membership, whichever is lower." Proxies are banned at some clubs — "Proxies shall not be allowed for any club business." (Westchester); "There shall be no voting by proxy." (Oregon State) — and allowed at others.

To amend the bylaws, six of the 11 clubs ask a two-thirds vote — Michigan Flyers: "by two-thirds (2/3) vote of the members present at any meeting of the members called for that purpose." Three ask a majority. Desert Flying Club lets either side do it: "These Bylaws may be amended by a two-thirds majority vote of a quorum of the Board of Directors at any time, or by a two-thirds vote of a quorum of the membership." Two leave it to the board alone: "The power to amend the Bylaws of the corporation is reserved to the Board of Directors exclusively." (Oregon State); International Flying Club's board "shall have power to make, amend, and repeal the IFC bylaws, policies, rules, or regulations for the governing of the affairs of the flying club as it deems proper". AOPA: "we recommend that you review them at least every two years."

Damage to club aircraft

Five of the bylaws set what a member pays after an accident — mostly no more than the insurance deductible, unless the damage is not covered by insurance or came from breaking the rules, when most of them let the club charge more. Fox: "the Board shall not impose financial responsibility on any member in excess of the deductible portion of any Club insurance coverage applicable." Desert Flying Club: "The member shall be liable to the Club for the insurance deductible amount or the entire loss, whichever is less" — plus downtime: "an amount equal to one-third (1/3) of the aircraft's hourly rental rate for each and every day the aircraft was out of service for repairs", "provided that the total number of downtime days shall never exceed thirty (30)" — and "The Board of Directors shall not impose financial responsibility on any one member in excess of twenty-thousand ($20,000) dollars for any one accident". International Flying Club: "Pilots found to be at fault must pay the deductibles. In case of aircraft damage not due to pilot fault, the club will assume financial responsibility." Woodstock Flying Club also caps it at the deductible; Paramus at the deductible, or $2,500 without an insurance claim, and never more than $5,000 for a member who kept to the rules. Ann Arbor Flyers self-insures part of its fleet with a fund whose "Minimum Fund Target shall be 150% percent of the value of the single aircraft with the highest value." What clubs carry and what members pay is in our flying club insurance overview.

Expulsion and dissolution

Expulsion goes to the members at some clubs and to the board at others, usually with written notice. Westchester needs "a two-thirds majority vote of the total members present at a regular meeting, at which the accused member may present a defense"; Paramus a majority of members present with written notice "at least 10 days before"; Fox "affirmative vote of two thirds of all of the members of the Board"; Oregon State a board majority "after giving the member at least 15 days written notice".

On dissolution, some clubs share the assets among the members and others give them away. Hokie: "Residual assets shall be distributed equally to current Active Flying and Inactive Flying Members." Desert Flying Club only to members of at least a year: "Club assets will be distributed equally to all members of the club that have been members in good standing for a minimum of one year prior to the dissolution of the club." International Flying Club splits it: leftover cash goes to the members — "Distributions shall be in proportion to each member’s dues contribution over the preceding five years." — while "Large assets and aircraft maintenance reserves shall be transferred to another tax-exempt non-profit or charitable organization". Michigan Flyers: "all assets of the Club shall be transferred to one or more charitable or educational organization(s) selected by the Board of Directors at their final meeting." While a club runs, several bylaws forbid paying out a surplus — Paramus: it "shall not be distributed to Club members."

Putting the bylaws to work

Most of what bylaws decide ends up as money and access: dues per period, a deposit held and refunded, a member grounded when the bill goes unpaid. In Pilot-Next an administrator sets the dues once and bills them each period — or switches them to automatic billing — to each member's account balance; a club can switch on a minimum balance to book, so that a member whose balance is below it cannot make a new booking, close to Westchester's rule. Voting and membership classes stay outside Pilot-Next; a refund of a deposit or share is the board's decision, booked as a refund or withdrawal on the member's account. How to start a flying club shows where the bylaws fit among the other decisions.