Article II - Membership Suspension & Termination
Section 2.01. Suspension; Reinstatement
Upon the failure, after the expiration of the initial time limit prescribed in a specific written notice to a member, to pay any amounts due the Association, a person’s membership shall automatically be suspended; all services shall be disconnected and such person shall not during such suspension be entitled to receive electric service from the Association or to cast a vote at any meeting of the members. For any other noncompliance with membership obligations, the Board of Directors may suspend such member 5 days after notice of such non-compliance is given. Payment of all amounts due the Association, including any additional charges required for service reinstatement, and/or cessation of any other non-compliance with his membership obligations within a final time limit provided in such notice or rules and regulations shall automatically reinstate the membership in which event the member shall thereafter be entitled to receive electric service from the Association and to vote at the meeting of its members.
Section 2.02. Termination by Expulsion; Renewed Membership
Upon failure of a suspended member to be automatically reinstated to membership as provided in Section 2.01, the member may, without further notice, but only after due process hearing if such is requested by the member, be expelled by resolution of the Board of Directors at any subsequently held regular or special meeting of the Board. Any person so expelled may, by delivering written notice to that effect to the Association at least 10 days prior to the next meeting of the members, appeal to and be present and heard at such meeting, which may vote approval of such expulsion or disapproval thereof, in which the latter event such person’s membership shall be reinstated retroactively to the date of expulsion. After any finally effective expulsion of a member, such person may not again become a member except upon new application therefor duly approved as provided in Section 1.01. The Board of Directors, acting upon principles of general application in such cases, may establish such additional terms and conditions for renewed membership as it determines to be reasonably necessary to assure the applicant’s compliance with all his membership obligations.
Section 2.03. Withdrawal of Membership
Any member may withdraw from membership upon payment in full of all debts and liabilities of such member to the Association and upon compliance with such terms and conditions as the Board of Directors may prescribe, thus terminating membership and service.
Section 2.04. Termination by Death or Cessation of Existence; Continuation of Membership in Remaining or New Partners
Except as provided in Section 2.06, the death of an individual human member shall automatically terminate membership. 1 not a joint member but who continues to reside at the location receiving service may succeed to the membership upon application therefore subject to the provisions of Section 1.01 and upon proper assignment or proof of legal entitlement. The cessation of the legal existence of any other type of member shall automatically terminate such membership; provided, that upon the dissolution for any reason of a partnership, or upon the death, withdrawal, or addition of any individual partner, such membership shall automatically terminate and a new membership shall be required; provided further, that neither a withdrawing partner nor its estate shall be released from any debts then due the Association.
Section 2.05 Effect of Termination
Upon the termination in any manner of a person’s membership, or its estate, as the case may be, said member shall be entitled to a refund of the membership fee (and to his service security deposit, if any, theretofore paid the Association), less any amount due the Association; but neither the member nor its estate, as the case may be, shall be released from any debts or other obligations then remaining due the Association. Notwithstanding the suspension or expulsion of a member as provided for in Sections 2.01 and 2.02, such suspension or expulsion shall not, unless the Board of Directors shall expressly so elect, constitute such release of such person from membership obligations as to entitle him to purchase from any other source any central station’s electric power and energy for use at the premises to which such service has theretofore been furnished by the Association pursuant to such membership.
Section 2.06. Effect of Death, Legal Separation, or Divorce upon a Joint Membership
Upon the death of either spouse of a joint membership, such membership shall continue to be held solely by the survivor, in the same manner and to the same effect as though such membership had never been joint; provided, that the estate of the deceased spouse shall not be released from any debts due the Association. Upon the legal separation or divorce of the holders of a joint membership, such membership shall continue to be held solely by the one who continues to directly occupy or own the premises covered by such membership in the same manner and to the same effect as though such membership had never been joint; provided, that the other spouse shall not be released from any debts due the Association.
Section 2.07. Board Acknowledgment of Membership Termination; Acceptance of Member Retroactively
Upon the termination of a person’s membership for any reason, the Board of Directors as soon as practicable after such termination is made known to it, shall by appropriate resolution formally acknowledge such termination, effective as of the date on which the Association ceased furnishing electric service to such person. Upon discovery that the Association has been furnishing electric service to any person other than a member, it shall cease furnishing such service unless such person applies for, and the Board of Directors approves, membership retroactively to that date on which such person first began receiving such service, in which event the Association, to the extent practicable, shall correct its membership and all related records accordingly; provided, that if the Association acquires facilities which are already providing electric services to patrons not members of the Association, the Association may continue furnishing such preexisting service without requiring such patrons to become members if to do otherwise would create hardship.
In no event, however, shall such non-member patron revenue exceed 15% of the total revenue received by the Association.