Section 5. Structure.--(a) A volunteer firefighters' relief association may be a body corporate, governed by a charter and bylaws, or it may be an unincorporated association of individuals, governed by a constitution and bylaws. In either case, it must provide for the taking and preserving of minutes of all meetings, and the maintenance of such books of account as may be necessary and appropriate to afford a permanent record of its fiscal affairs.
(b) The constitution or charter shall state the name, the purposes and the form of the organization, shall designate the class or classes of persons eligible for membership, and the procedures to be followed in making amendments.
(c) The bylaws shall specify the requirements for securing membership, the voting rights of different classes of members, if there be different classes, and the conditions under which membership may be terminated. They shall state the notice requirements and the procedure to be followed in calling meetings, as well as the quorum requirements for regular and special meetings of the membership and for regular and special meetings of the body which governs the operations of the association between membership meetings, and shall designate that body, whether it be a board of directors, the trustees, or any similar body, such as an executive committee. Unless otherwise provided in the bylaws, the powers and duties of the officers and directors and/or trustees, shall be such as normally pertain to such positions in nonprofit corporations. The bylaws shall require that the signatures of at least two officers, one of whom shall be the disbursing officer, shall be required in order to bind the association by formal contract or to issue any negotiable instrument. They shall require that the disbursing officer, whether designated treasurer, comptroller, financial secretary, or otherwise, shall be bonded by corporate surety for the faithful performance of his duties. The amount of such bond shall be at least as great as the maximum cash balance in current funds of the association at any time during the fiscal year, and the premium on such bond shall be a proper charge against the funds of the association. The bylaws shall state the procedure to be followed in nominating and in electing officers, trustees, directors, and members of the executive committee, according to such provisions as shall have been made for the establishment of such positions. The bylaws shall establish procedures for the approval of expenditures and the payment thereof, and for the investment of funds and the sale of investments. The bylaws shall set out the procedure to be followed in amending the bylaws, and shall specify the notice required with respect to proposed amendments, including the time, place, and the date when any proposed amendment shall be considered. The bylaws shall be faithfully preserved in permanent form and any amendments made thereto shall be entered thereon with the date when any such amendment became effective. The bylaws may contain any such other provisions as may to the membership seem to be appropriate or necessary to the orderly conduct of the affairs of the association.
(d) In addition to the bylaws the association may adopt from time to time such matters as the membership may regard as of a routine nature under the head of standing procedures. Such procedures may be adopted, modified or repealed by motion and majority vote but they shall not be inconsistent with the bylaws and they shall be recorded as an appendix to the bylaws.
(e) Any volunteer firefighters' relief association organized or conducted in accordance with the requirements of this section shall be regarded as a charitable corporation for all purposes including the right to establish exemption from the operation of certain taxes.
(5 amended Dec. 22, 1993, P.L.547, No.78)