Section 1.1. Builder Member: Any individual, partnership, corporation, or a division or subsidiary of a corporation, or a joint venture entity engaged in the business of building homes, apartments, schools, or other structures normally related and appurtenant to a community; or in land development. Any individual, partnership, corporation, or joint venture entity that is determined by the Executive Committee, based on the totality of circumstances, to be substantially related to an individual, partnership, corporation, or joint venture entity engaged in the business of building homes, apartments, schools, or other structures normally related and appurtenant to a community, or in land development. Factors relevant to the Executive Committee’s determination may include, but are not necessarily limited to, the relationship between individuals associated with each entity, the presence of common employees, officers, directors, or owners, and the business relationship between the entities. The determination of the Executive Committee may be made at any time, and shall be final and binding.
Section 1.2. Small Builder Member: Small Builder is a temporary status deemed to encompass any Builder Member under Section 1.1 above which builds fewer than 20 units per year in the BIA Bay Area jurisdiction as described in Article XI, Section 2. This subcategory is applied to any new Builder Member which has not been a member of the BIA Bay Area in the previous five (5) years. Small Builders under this classification shall be exempt from escrow assessments as provided in Article XI, Section 1below on the first 20 units built within said jurisdiction, for the first twelve (12) months of that company’s membership. If a Small Builder builds more than 20 units during that period in said jurisdiction, that company is liable for escrow assessments beginning on the 21st unit, to the maximum provided.