USAC Racing Forum

General Chat => Point .25 => Topic started by: clouse55 on February 04, 2011, 10:28:17 AM



Title: Club bylaws and QMA!!! WARNING!!!
Post by: clouse55 on February 04, 2011, 10:28:17 AM
 Clubs, especially QMA clubs, you NEED to review your bylaws. Clubs need to remove in their bylaws any wording linking them to ANY sanctioning body!! Any wording as such doesn't and shouldn't belong in your bylaws and is not needed!
 QMA has already forced a few clubs to conform to this, giving QMA national way more power in your club. IT'S YOUR CLUB NOT QMA'S!!
 A club is a seperate corporation from the sanctioning body. Your documents and property are as private as you would like them to be and does not need to be distributed, shared or APPROVED by any other corporation. QMA has in their bylaws that the clubs bylaws must be approved, is this legal? Do other corporations share their private documents? I dont think so.
 Also be aware who and when the bylaws can be opened. Dont be afraid to ask questions. If any answers are denied or are questionable, find out why, you could completly lose your club if you dont.
 I'm not picking on QMA with this thread but QMA requires this and by their recent actions will require more. USAC requires none of this, your club is your club.           


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: sprintcar39 on February 04, 2011, 07:37:45 PM
He is 100% right.  QMA has a plan to take control of each club by using the by-laws. They started this several years ago and it sounds like they are going to step it up even more. Members and clubs are the losers if they get there way.

I was surprised to hear and see the engine builder and VP Tom "Ziggy" was behind this trick. I sure hope the word gets out the the clubs board of directors before it is too late.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: RBurns17 on February 05, 2011, 02:03:53 AM
Doesn't surprise me much, after a phone convo with that particular builder it was very obvious how they feel about USAC.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Walker23 on February 05, 2011, 09:15:48 AM
So if I owned a business and a supplier of mine demanded that I change my articles of incorporation to reflect them as my sole supplier, I think I would begin shopping for a new supplier.....

Afterall who has the upperhand?



Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Swartz on February 05, 2011, 01:00:32 PM
Here is the thing. QMA, as well as USAC own NO tracks. As a matter of fact most tracks are not even owned by the clubs that use them. QMA may take control of a club but that does not mean they will be able to use the track. Just sayin'.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Walker23 on February 06, 2011, 10:38:06 AM
So if I get this right, and existing track(club) which leases or rents from an owner. Does not own the property. If a group approaced the owner and asked to lease the facility for racing. They could potentially have 2 clubs using the same track on seperate dates under different sanctioning bodies? Just as long as the lease or rental agreement does not have an excluvisity clause in it.

That could be a huge benifit to the property owner....





Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: TQ97 on February 06, 2011, 11:32:17 AM
Most leases I would think are worded so that there can only be one leasee.  Kinda like how my rental property is for that renter.  Don't think they'd be very happy if someone else slept in their bed while they were at work.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Phil on February 08, 2011, 09:38:01 AM
Thanks clouse55, very good post.

TQ, FYI your current club has the ability to sub-lease its track. Im sure your clubs main powers dont want you to know this. Which has led to one of the largest anti USAC propaganda campaigns.     


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: SAKMotorsports on February 08, 2011, 12:30:45 PM
Thanks clouse55, very good post.

TQ, FYI your current club has the ability to sub-lease its track. Im sure your clubs main powers dont want you to know this. Which has led to one of the largest anti USAC propaganda campaigns.     

This is very true for this could be a chance for the club to make some money....You could rent the track facilities to a group and make money and it all goes directly to the club, and your lease holder would not get any of the monies that would exchange hands...I know that they powers that be would not go for this; however if you get enough club members to go for this; then it might just be doable....


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Walker23 on February 14, 2011, 07:45:36 AM
So if a private club, now forced to change it's bylaws to reflect QMA as sanctioning body and now mandates that the bylaws cannot be changed must be implemented and approved by QMA. I just cannont see how "this is for the kids"?





Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Phil on February 14, 2011, 04:50:10 PM
Here's some good reading.

 http://quartermidgets.org/NationalMeeting/2011/2011-National-Meeting-Minutes-Final.pdf

A few quotes from Tom Zickefoose on page 21, discussion of RCP#12.

"Tom suggested adding to the by-laws to protect the members and the organization."
"Tom suggested we be more protective in the coming years. Tom is going to work with clubs this year to offer help in protecting their clubs."
"Tom said by-laws have to be approved by QMA"
"Tom feels the by-laws need to protect the clubs and members."

If you have had your head in the sand and think QMA is not going to involve themselves in your clubs business, think again. It's appearing the clubs and members need protecting from Tom.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: CPG Racing on February 14, 2011, 08:00:41 PM
The latest rumor from the other side is that they are going to hire a attorney and freeze Custom Midget Club's assets. Last time I checked Custom Midget Club is a CT corporation and not owned by QMA.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Walker23 on February 14, 2011, 08:35:42 PM
How they think that they can control what a private club does is beyond me. It has the same effect as them trying to dictate what Honda builds.

They would have no legal ground. They club made the decision. No track was stolen it is still there. The club still exists.



Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Brad on February 14, 2011, 09:54:13 PM
I would like to know how everyone would feel if they went to their next club meeting and before the meeting started, the property owner, who is a NON-CLUB MEMBER, states that your club will now be sanctioned under QMA. And the club meeting is over. Details of the new club will be provided at a later date. If you had more than 50% of the club’s support wouldn’t you accept USAC’s help to remain with USAC?


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: sprintcar39 on February 14, 2011, 10:20:30 PM
Brad,   good point....BUT.    The club asked for QMA to help with the problems that the club was having and they choose to remain silent. Although Rich had some discussions with the track owner QMA had every chance to make it right and choose not to. QMA protects the bad apples and terminates the memberships of the people that are good for the sport of quarter midget racing. We saw the very same thing here in Region 4 a couple of years ago. We know how QMA operates. Then when it all crashed Rich and Ziggy ride into town and tell everyone we are here to help. I would guess that 80% of the clubs members just want to race and dont care what sanctioning body it is. But as a club president (5 years and counting)  I can tell you that it is much easier to work with USAC than it ever was with QMA.

Brad - Ask your Regional Director what monies QMA loaned out to what clubs last year. How much was loaned out? How much was paid back? Why is it kept so secret and did the membership approve these loans/donations? Let us know what they tell you and we can compare notes. Also who is paying for the attorney that QMA has hired?


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: magjagmotorsports on February 14, 2011, 10:33:17 PM
If the club does not own their track, the possibility exists that they could lose their track for numerous reasons. In todays world and economic environment that chance has increased for most of us. The club is still an entity on its own and neither QMA or USAC has any control over how the club is operated. The clubs are, in their simplest form, a business (whether for profit or not) that registers with the state they are in. They create their own by-laws to operate in that state and if you are for non-profit there are guidelines that must be followed for tax purposes as well. Why you would ever agree to let someone other than club members create your by-laws and determine how your club operates is beyond me. That however, does not mean you will have the power to keep your track if your property owner is not on the same page as you.
What everyone seems to forget is that for almost 50 years there was only QMA to sanction under. Now USAC offers another, and better in my opinion (10+ yrs in the sport), choice. The club can choose which they want to be associated with. If your track owner has a different opinion they most likely have the last word, unless your lease agreement is worded in such a way the owner can't do that. Common sense says a track, or club, should be able to run under both banners just like alot of the local tracks do. They run numerous shows under different sactioning bodies. It really is only an insurance issue. It should be a track owner and/or club decision and should not be mandated by the sanctioning body. The club, and tracks in most cases, were built by club members and not by the sanctioning body whether QMA or USAC.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: clouse55 on February 14, 2011, 10:47:48 PM
 Well Brad as I can tell your post has nothing to do with the by-law discussion but I'm gonna entertain your question but from a little different direction.
  Nobody needs to be a rocket scientist to figure out there would have to be much bigger other problems for a property owner to show up and for this to happen. Key word here is PROPERTY OWNER!!
 What if you went to race at that facility one day and all the asphalt and related items were in a great big giant pile with a dozer sitting next to it because the property owner is fed up with putting up with the B.S. and is done with it?? Don't ever think this wont happen somewhere, cause its gonna.
   
    


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Brad on February 14, 2011, 11:55:49 PM
Oh, sorry for violating the topic. Let me get back on topic. I actually completely agree that the club should be in charge of their bylaws and that a sanctioning body should not dictate to them what they should or should not include.


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: BARRY LANDAU on February 19, 2011, 03:10:13 PM
Brad.....With respect to your commit on Feb 14th if I may, if a Club does not own the track then they should have a lease in place with the owner. If the Club has a lease in place and it is properly worded in the lease then the owner of the track should have NO rights what so ever to say anything dealing with regards to a switch of the sanctioning body that would govern the racing. I have been in commercial real estate for 21 years and this is a fact.

Barry Landau


Title: Re: Club bylaws and QMA!!! WARNING!!!
Post by: Swartz on February 21, 2011, 10:33:36 AM
What does the sanction have to do with racing?