[19798] in APO-L
Re: Bylaw discussion: The "House" Issue.
daemon@ATHENA.MIT.EDU (Mark Stratton)
Wed Dec 16 20:26:49 1998
Date: Wed, 16 Dec 1998 20:28:49 -0500
Reply-To: Mark Stratton <stratton@INDY.NET>
From: Mark Stratton <stratton@INDY.NET>
To: APO-L@LISTSERV.IUPUI.EDU
First, a brief note: "house" would not be legally ambigous if the common
meaning of the word means a dwelling or place of residence. I'm not an
attorney, but I do work with several and my conversations with all of them
have told me that, unless something specifically says otherwise, a court
proceeding would use the plain meaning of the word. Now, any attorney on
this list (Jerry?) can correct me if I'm wrong.
Secondly, a brief read of Article IX, Section 14:
"Section 14. Housing Policy. As a Service Fraternity, Alpha Phi Omega does
not operate nor maintain a fraternity house as lodging quarters for members
nor for any other persons. Chapters may maintain rooms for meetings at the
discretion of its members."
Additionally, it would be contradictory to the Articles of Incorporation for
a *CHAPTER* or other association, other than the *NATIONAL FRATERNITY* to
purchase real estate, because that power is delegated to ALPHA PHI OMEGA
(the corporation):
"Item 5. The purpose and objects for which the corporation is organized are
as follows:"
(first paragraph deleted)
"In furtherance thereof, for and on behalf of Alpha Phi Omega:
1. To purchase, rent, erect or otherwise acquire buildings and facilities,
remodel and rehabilitate buildings and facilities to be used for the
educational and charitable purposes herein specified, and to purchase or
acquire equipment incidental or necessary for use in such facilities."
I could be mistaken, but again, this would be my understand. Again, any
lawyers wish to correct me? Remember that the articles of incorporation are
*legal* documents, on file with the State of Missouri. It seems to me that
the NATIONAL CORPORATION of Alpha Phi Omega has the authority, not chapters.
Mark Stratton
Region VI Alumni Voting Delegate
1998 Advisor - Committe on Rules & Credentials
