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Temp Bylaw Change


dazzze

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Greetings,

I have a question,is there anywhere in RONR that allows for temporary bylaws, that will be desolved after an appointed date. Example this particular bylaw will allow date extenstion of dues. Our current bylaw specifically states that "each member must pay by" a certain date or a "fee will be assest", we do not want to suspend, change or amemd this bylaw, but add a temporary bylaw to change the date for approx 4 months out. Is there anywhere in RONR that supports this?

Thanks

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I don't think so. Then again, I don't think there's anything to prohibit it, assuming that the temporary bylaw provision is adopted properly, and assuming that the start and end dates are contained inside the bylaw. (Perhaps not necessarily: maybe what provisos can do to delay the time that a bylaw takes effect, can be done to terminate it. I'm not bettin the rent money.)

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I have a question,is there anywhere in RONR that allows for temporary bylaws, that will be desolved after an appointed date. Example this particular bylaw will allow date extenstion of dues. Our current bylaw specifically states that "each member must pay by" a certain date or a "fee will be assest", we do not want to suspend, change or amemd this bylaw, but add a temporary bylaw to change the date for approx 4 months out. Is there anywhere in RONR that supports this?

 

You can amend the bylaws, but also adopt a proviso stating that the amendment will no longer be in effect after a certain date. See RONR, 11th ed., pgs. 597-598 for more information.

 

(Perhaps not necessarily: maybe what provisos can do to delay the time that a bylaw takes effect, can be done to terminate it. I'm not bettin the rent money.)

 

I see no reason why a proviso cannot be used for this purpose.

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[Gary c Tesser -- that was I, and probably still is -- said, in Post 2:]

(Perhaps not necessarily: maybe what provisos can do to delay the time that a bylaw takes effect, can be done to terminate it. I'm not bettin the rent money.)

...I see no reason why a proviso cannot be used for this purpose.

My doubt arises from the ordinary application of a proviso to a pending proposal, or one not even yet pending. It's a whole 'nother thing to attach stipulations to an actual full-grown and solidified piece of the bylaws. It somewhat resembles the prohibition on suspending only bylaw provisions that provide for their own suspension (aside from, yadda yadda).

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Our current bylaw specifically states that "each member must pay by" a certain date or a "fee will be assessed", we do not want to suspend, change or amend this bylaw, but add a temporary bylaw to change the date for approx 4 months out. 

 

Why not amend the bylaws to say something like, "Annual dues must be paid by a date to be established by the board of directors (or whichever body you want to have this authority)?

 

It would be similar to a common bylaw provision which requires that the annual meeting be held in December but doesn't specify the date. 

 

Bylaws should be relatively stable so anything that might be "temporary", or that could change frequently, should be left out of them.

 

Or you could amend the bylaws to extend the date by four months and then amend them again to restore the original date.

 

This is not to say that I necessarily disagree with Mr. Martin but I think there might be better ways to accomplish what you want with writing an amendment to the bylaws in disappearing ink.

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Except it seems that their issue is not with the penalty itself (or with the amount of the penalty), but with when the penalty is assessed.

 

Right, I get that.  I was (tongue-in-cheek) suggesting that instead of extending the time period they could make the time period a moot point, temporarily.  Obviously what I thought was a slightly humorous suggestion was not so, not in the least.

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My doubt arises from the ordinary application of a proviso to a pending proposal, or one not even yet pending. It's a whole 'nother thing to attach stipulations to an actual full-grown and solidified piece of the bylaws. It somewhat resembles the prohibition on suspending only bylaw provisions that provide for their own suspension (aside from, yadda yadda).

 

Oh, I certainly agree that the society can't simply adopt a proviso out of nowhere in order to (effectively) suspend one of their bylaws for a time.

 

The society could, however, amend the bylaws, and attach a proviso to that amendment.

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