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Old 10-15-2014, 07:55 AM   #1
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FMCA vs. FCOC

What's the story behind this email?

FCOC Executive Board Actions

International Area FMCA

October 15, 2014

The recent action by the Executive Board of the Freightliner Chassis Owners Club is in violation of the FCOC Bylaws. Below is the e-mail that I sent yesterday to the President of FCOC. If you have any questions or comments, please feel free to contact me at dkessler@fmca.com.


Steve,

It has come to my attention that the Executive Board of the Freightliner Chassis Owners Club announced on October 12, 2014, that FCOC is no longer a part of FMCA. The article that I read, authored by you, states that “The Executive Board of the Freightliner Chassis Owners Club (FCOC) voted on September 29, 2014, to no longer be a chapter of the Family Motor Coach Association (FMCA).”

According to the Chapter Bylaws for FCOC, dissolution of the chapter is a matter reserved for the membership of FCOC (ARTICLE IX). The rights and responsibilities of the Executive Board of FCOC do not extend to taking actions reserved for the membership. ARTICLE VI, Section 3 of the FCOC Bylaws expressly states that the “Board shall be subject to the orders of the Chapter, and none of its acts shall be in conflict with the Chapter or FMCA.”

ARTICLE IX stipulates that dissolution of the Chapter must be by a majority vote of the Chapter. Your Executive Board has acted in violation of their rights, and has exceeded the authority, granted by your membership in the FCOC Bylaws. Therefore, your Executive Board’s actions are invalid and unenforceable. The FCOC continues to exist as an FMCA chapter unless and until your membership votes to disaffiliate with FMCA in accordance with ARTICLE IX. Be advised that I will be sending a copy of this email to your membership advising them of this fact.

Signature - David Kessler, FMCA International Area Vice President

David Kessler
FMCA International Area Vice President


FMCA is for motor coach and motorhome owners. Motorcoach articles, motor home blogs, motor coach advice and motorhome videos.

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Old 10-15-2014, 09:31 AM   #2
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I don't think there is any hidden story behind it. The FCOC reached a logical, reasoned decision to dis-associate their club from the FMCA; and quite naturally the FMCA wants to try whatever they can to stop that. (FCOC was the single largest chapter in FMCA)
Like all FMCA chapters, membership in the FMCA is mandatory before you can join FCOC; and likewise if you drop FMCA membership, you're automatically dropped from FCOC. The FCOC is big enough to stand on its own and there are many members & potential members who for a variety of reasons prefer not to join the FMCA. Dis-associating from FMCA allows the FCOC club to continue to grow with both those who choose to belong to FMCA and those who choose no to.
I'm not a board member or speaking for the board, just giving my personal reply to your question.
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Old 10-15-2014, 12:04 PM   #3
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I make no judgement on the merits of the desired separation, but would comment that the FCOC board's decision was hardly logical or reasoned when it was made in such a manner as to so obviously and blatantly contravene the existing published bylaws. It's as if no one on the FCOC board gave the slightest thought to the concept of due diligence.
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Old 10-15-2014, 01:28 PM   #4
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I agree that whether the decision was logical & reasoned or a blatant violation is open to interpretation & opinion. I would disagree that either is obvious. Any set of written rules, regulations & laws are subject to many different interpretations. Thousands of lawyers make a good living doing such every day.
This matter has been under discussion & debate for many years, it wasn't a rushed decision. The bylaw article quoted by FMCA deals with disbanding the club, which any good lawyer could argue doesn't apply. The intention is to continue operating the club as its always functioned, just outside the umbrella of FMCA. There is no bylaw dealing with divorcing your club from the FMCA, since they don't want that as an available option. The FMCA position seems to be, the only way to get your club out of this organization is to kill it. That seems more like a mafia tenet than an RV owners club.
Again, I'm not an FCOC insider, just a 10 yr member. I have no idea if any of the above entered into the boards logic, its just how I look at it.
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Old 10-15-2014, 02:09 PM   #5
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I think FMCA's opinion is meaningless, since they cannot force FCOC to play their game. If enough people want to continue an FCOC under the FMCA umbrella, they can certainly do so, but if Freightliner Custom Chassis and the present FCOC club management take their show somewhere else, i.e. independent, there is nothing FMCA can do about it.

That said, the FCOC chapter has not been well run for the past several years, nor have they understood the FMCA bylaws ythey were working under. In my opinion they have consistently misunderstood FMCA chapter bylaws and generally made life difficult for themselves in doing so. For example, they claim they are "required" to hold chapter meetings in conjunction with FMCA events, but there is no such requirement. Nor have they availed themselves of the option to hold chapter elections by mail or internet. It's a shame they can't work things out.

On the other hand, FMCA doesn't bring much benefit to FCOC either. Relatively inexpensive chapter liability insurance is about the only thing that FCOC gets from FMCA.
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Old 10-15-2014, 10:10 PM   #6
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What is the reason that FCOC wants to depart from FMCA?

Another option would be for FCOC to become an associate under the FMCA umbrella. The club would still have the event liability insurance but would not have club representation at governing board meetings
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Old 10-15-2014, 10:23 PM   #7
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Looks to me like the FCOC board can't vote to leave FMC, it requires a vote by the members to disband.
Once that is done and if the vote is affirmative then the club is disbanded.
Then the members can form a new club themselves if they so choose that would be outside of FMCA charter.
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Old 10-15-2014, 11:04 PM   #8
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Quote:
Originally Posted by dons2346 View Post
What is the reason that FCOC wants to depart from FMCA?
Maybe its the fact that FOCC's members resent having to pay dues to FMCA even though they don't want to. I have the same issue with the Beaver Ambassador Club. I find it useful to be a member to get maintenance info from its forum. However, my costs are double the BAC dues because I have to join FMCA in order to be part of BAC. It's simple extortion, but in the case of BAC the "management" is in bed with FMCA so they'll never try to split.
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Old 10-15-2014, 11:39 PM   #9
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It MAY be that in their early days both the FCOC and the BAC found it helpful, when they were small, tight budgeted organizations, to be affiliated with FMCA to get the benefit of organized rallies, communications, and advertising. Now that they're grown and want to be independent the worm has turned.
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Old 10-16-2014, 07:56 AM   #10
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Originally Posted by JFXG View Post
It MAY be that in their early days both the FCOC and the BAC found it helpful, when they were small, tight budgeted organizations, to be affiliated with FMCA to get the benefit of organized rallies, communications, and advertising. Now that they're grown and want to be independent the worm has turned.
What I've been told is that the chapters get their liability insurance for rallies through FMCA and wouldn't be able to afford it otherwise. Of course FCOC could probably get its coverage through its parent company, Freightliner. Or, you could take the approach we do which is that we aren't interested in going to RV rallies, so it doesn't matter to us if they exist or not.
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