Article I

Membership

Section 1. Requirements of Membership.

Any person, firm, association, corporation or body politic or subdivision thereof may become a member of FEM Electric Association, Inc. (hereinafter referred to as Cooperative) by:

Making a written application for membership therein;
Agreeing to purchase from the Cooperative electric energy as hereinafter specified;
Agreeing to comply with and be bound by the articles of incorporation and bylaws of the Cooperative and any rules and regulations adopted by the Board of Directors;
Paying the membership connection fee hereinafter specified; and
Execution of a contract with the member on a form provided therefor by the Board of Directors;

provided, however, that no person, firm, association, corporation or body politic or subdivision thereof shall become a member unless and until he, she or it has been accepted for membership by the Board of Directors or members of the Cooperative. No member may hold more than one (1) membership in the Cooperative, and no membership in the Cooperative shall be transferable, except as provided in these bylaws. For Clarification, it is deemed that any firm, association, corporation, partnership, limited liability company, political subdivision or individual (if an individual is married, his/her membership shal be a joint membership only) may hold one (1) membership only. The number of accounts held under said membership may vary.

Any person, firm, association, corporation or body politic or subdivision thereof, whose application, for sixty (60) days or longer, has been submitted to but not approved by the Board of Directors may, by filing written request therefor, with the Cooperative at least thirty (30) days prior to the next meeting of the members, have their application submitted to and approved or disapproved by the vote of the members at such meeting, at which the applicant shall be entitled to be present and be heard.

Section 2. Joint Membership.

A husband and wife may apply for a joint membership and, subject to their compliance with the requirements set forth in Section 1 of this Article, may be accepted for such membership. The term “member” as used in these bylaws shall be deemed to include a husband and wife holding a joint membership and any provisions relating to the rights and liabilities of membership shall apply equally with respect to the holders of a joint membership. Without limiting the generality of the foregoing, the effect of the hereinafter specified actions by or in respect of the holders of a joint membership shall be as follows:

The presence at a meeting of either or both shall be regarded as the presence of one (1) member;
The vote of either separately or both, jointly, shall constitute one (1) joint vote;
A mail ballot executed by either or both shall be regarded as a vote of one (1) member;
A waiver of notice signed by either or both shall constitute as a joint waiver;
Notice to either shall constitute notice to both;
Expulsion of either shall terminate the joint membership;
Withdrawal of either shall terminate the joint membership;
Either, but not both may be elected or appointed as an officer or director, provided that both meet the qualifications for such office.

Section 3. Conversion of Membership.

A membership may be converted to a joint membership upon the written request of the holder thereof and the agreement by such holder and his or her spouse to comply with the articles of incorporation, bylaws and rules and regulations adopted by the Board of Directors.
Upon the death of either spouse who is a party to the joint membership, such membership shall be held solely by the survivor; however, that the estate of the deceased shall not be released from any debts due the Cooperative.

Section 4. Connection Fees.

The connection fee shall be in an amount set by the Board of Directors each year during the Board’s January meeting, plus such uniform terms and conditions, such as, but not limited to, a security deposit, service connection deposit or fee, facilities extension deposit, contribution in aid of construction or any combination thereof, as the Board of Directors may prescribe upon payment and performance of which a member shall be eligible for one (1) service connection. Additional service connections by a member may be applied for in the same manner.

Section 5. Purchase of Electric Energy.

The Cooperative shall make all reasonable efforts to furnish its members with adequate and dependable electric service within the normal voltage and frequency limits although it cannot and therefore does not guarantee a continuous and uninterrupted supply thereof. If the normal voltage regulation furnished is unsatisfactory for special apparatus requiring close regulation, or if the customer’s electrical appliances are subject to damage due to high or low voltage, the single phasing of three-phase service, phase reversals, or other fluctuations in the quality of service then the member shall install regulative apparatus and protective devices at the member’s own expense. Each member shall, as soon as electric energy shall be available, purchase from the Cooperative all electric energy used on the premises specified in his/her/its application for membership, and shall pay therefor, at rates which shall from time to time be fixed by the Board of Directors. It is expressly understood that amounts paid for electric energy, in excess of the cost of service are furnished by members as capital and each member shall be credited with the capital so furnished as provided in these bylaws. Each member shall pay to the Cooperative at least the minimum amount, regardless of the amount of electric energy consumed, as shall be fixed by the Board of Directors from time to time. Each member shall also pay all amounts owed by the member to the Cooperative as and when the same shall become due and payable.

Section 6. Cooperation by Member.

Each member of the Cooperative, shall, upon being requested so to do by the Cooperative, execute and deliver to the Cooperative grants of easement or right-of-way over, on, and under such lands owned or leased by or mortgaged to the member, and in accordance with such reasonable terms and conditions, as the Cooperative shall require for the furnishing of electric service to them or other members or for the construction, operation, maintenance or relocation of the Cooperative’s electric facilities. Each member shall participate in any required program and comply with related rates and service rules and regulations that may be established by the Cooperative to enhance load management, more efficiently to utilize or conserve electric energy or to conduct load research.

Section 7. Termination of Membership.

Any member may withdraw from membership upon compliance with such uniform terms and conditions as the Board of Directors may prescribe. The Board of Directors of the Cooperative may, by the affirmative vote of not less than two-thirds (2/3) of all the directors, expel any member who fails to comply with any of the provisions of the articles of incorporation, bylaws or rules or regulations adopted by the Board of Directors, but only if such member shall have been given written notice by the Cooperative that such failure makes such member liable to expulsion and such failure shall have continued for at least ten (10) days after such notice was given. Any expelled member may be reinstated by vote of the Board of Directors or by vote of the members at any annual or special meeting. The membership of a member who for a period of six (6) months after service is available to the member, has not purchased electric energy from the Cooperative, or of a member who has ceased to purchase energy from the Cooperative, shall be canceled by resolution of the Board of Directors.
Upon the withdrawal, death, cessation of existence or expulsion of a member, the membership of such member shall thereupon terminate. Termination of membership in any manner shall not release a member or his/her estate from any debts due the Cooperative.
In case of withdrawal or termination of membership in any manner, the Cooperative shall repay to the member any amounts owed to the member, provided, however, that the Cooperative shall deduct from the amount owed to the member any debts or obligations owing from the member to the Cooperative.