2016 Wesleyan Discipline: 4040–4070
D. Acquisition, Sale, Transfer or Mortgage of Property
4040. An incorporated local church shall acquire, purchase, sell, mortgage, transfer or otherwise dispose of real property subject to the following authorization and conditions:
- (1) A resolution authorizing the proposed action shall be recommended by the local board of administration (2016 Wesleyan Discipline:782:32) and passed by the local church conference (2016 Wesleyan Discipline:655:13) in corporate session, or such other corporate body as local laws may require and as set forth in the articles of incorporation and bylaws of the local church corporation, with the members thereof acting in their capacity as members of the corporate body, by a majority vote of those present and voting, at any regular or special session duly called for such purpose (2016 Wesleyan Discipline:630:1–2; 2016 Wesleyan Discipline:633:1), provided that notice of such intended action shall be given to the members of the local church through announcement from the pulpit in two regular services, the first of which shall be at least one week prior to the meeting at which the action shall be presented, and in the church bulletin, when such is available (cf. 2016 Wesleyan Discipline:633:1), and through such other notice as may be required by local laws or by the bylaws of the local church corporation.
- (2) The district building committee shall study the proposal of the local church whenever the purchase of property, the construction or remodeling of buildings or other work of the committee is involved as set forth in 2016 Wesleyan Discipline:1345, and shall give its written recommendation to the district board of administration and the local church.
- (3) The written approval of the district board of administration as stated in 2016 Wesleyan Discipline:1233:33 shall be necessary and shall be affixed to the written instrument involved.
- (4) The resolution authorizing such proposed action shall direct and authorize the corporation’s board of directors (2016 Wesleyan Discipline:4010:7) to take all necessary steps to carry out the action so authorized, and to cause to be executed, as hereinafter provided, any necessary contract, deed, bill of sale, mortgage or other written instrument.
- (5) The board of directors of the local church corporation (2016 Wesleyan Discipline:4010:7) shall take such action and adopt such resolutions as may be necessary or required to carry out the proposal as approved, provided that such shall be in conformity with The Discipline and as required by local laws (2016 Wesleyan Discipline:4510).
- (6) The chair of the board of directors (2016 Wesleyan Discipline:4010:7), or another designated director shall submit all written instruments of conveyance and title for the acquisition of property to the district superintendent for the approval of the district superintendent as to their conformity with The Discipline as stated in 2016 Wesleyan Discipline:1310:13 and shall see that permanent legal and property records are properly stored as required in 2016 Wesleyan Discipline:4760.
E. Other Regulations
4060. An incorporated local church and/or its board of directors (2016 Wesleyan Discipline:4010:7) may not divert property from the ownership and use of The Wesleyan Church and is subject to other regulations concerning local church property as set forth in The Discipline in 2016 Wesleyan Discipline:4500–4630, 2016 Wesleyan Discipline:4700–4780, and any other pertinent provisions.
4070. The proceeds from the sale of any real property by an incorporated local church shall only be used for the purchase or improvement of property for that local church, unless otherwise authorized by the district board of administration as set forth in 2016 Wesleyan Discipline:4720–4730 (cf. 2016 Wesleyan Discipline:1233:33).