Guest Kim Kiefer Posted December 4, 2014 at 03:24 AM Report Share Posted December 4, 2014 at 03:24 AM I belong to a canine breed specific club that has by-laws accepted by members and the American Kennel Club. If the club itself does not follow their own voter approved by-laws isn't the club in fact in violation of their own by-laws and essentially the club itself is non-existent? And any motions they, the board of directors, cast become null and void? Link to comment Share on other sites More sharing options...
Josh Martin Posted December 4, 2014 at 03:29 AM Report Share Posted December 4, 2014 at 03:29 AM I belong to a canine breed specific club that has by-laws accepted by members and the American Kennel Club. If the club itself does not follow their own voter approved by-laws isn't the club in fact in violation of their own by-laws and essentially the club itself is non-existent? And any motions they, the board of directors, cast become null and void? If the club does not follow its bylaws, then yes, the club is in violation of its bylaws. This certainly does not mean that any motions adopted by the Board of Directors are null and void, let alone that the club ceases to exist. Particular motions may be null and void if they conflict with the bylaws. EDIT: Corrected a not-hole. Link to comment Share on other sites More sharing options...
Guest Kim Kiefer Posted December 4, 2014 at 04:15 AM Report Share Posted December 4, 2014 at 04:15 AM But the $6million dollar ? is if they cannot follow their own by-laws does the club even exist? Our last by-law states: ARTICLE X: Parliamentary AuthoritySection 1. The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any other special rules of order the club may adopt. The back story in all of this is that our breed club changed a rule without the members vote. Of course that rule is now null and void but does the club itself even exist if they are in violation of Article X? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 4, 2014 at 04:23 AM Report Share Posted December 4, 2014 at 04:23 AM But the $6million dollar ? is if they cannot follow their own by-laws does the club even exist? Our last by-law states: ARTICLE X: Parliamentary AuthoritySection 1. The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any other special rules of order the club may adopt. The back story in all of this is that our breed club changed a rule without the members vote. Of course that rule is now null and void but does the club itself even exist if they are in violation of Article X? Yes, your club still exists. To make it not exist, your club will have to follow the rules for dissolving your club. Link to comment Share on other sites More sharing options...
Guest Kim Kiefer Posted December 4, 2014 at 04:29 AM Report Share Posted December 4, 2014 at 04:29 AM appreciate your help! Thank you! Link to comment Share on other sites More sharing options...
Transpower Posted December 4, 2014 at 01:28 PM Report Share Posted December 4, 2014 at 01:28 PM If the board of directors changed the breed of dog sponsored by the club, then that, in effect, is a change of the club; such action is a bylaws change, and so would require adoption by the assembly, not the board. Link to comment Share on other sites More sharing options...
Edgar Guest Posted December 4, 2014 at 02:00 PM Report Share Posted December 4, 2014 at 02:00 PM If the board of directors changed the breed of dog sponsored by the club, then that, in effect, is a change of the club; such action is a bylaws change, and so would require adoption by the assembly, not the board. I must have missed the part where the board changed the breed. All we know is that the board changed "a rule". We don't even know if that rule is in the bylaws; only that, by changing it, the board allegedly violated the bylaws. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted December 4, 2014 at 08:05 PM Report Share Posted December 4, 2014 at 08:05 PM But the $6million dollar ? is if they cannot follow their own by-laws does the club even exist? Our last by-law states: ARTICLE X: Parliamentary AuthoritySection 1. The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any other special rules of order the club may adopt. The back story in all of this is that our breed club changed a rule without the members vote. Of course that rule is now null and void but does the club itself even exist if they are in violation of Article X? Of course it still exists. There's a sign on the highway on my way home that says SPEED LIMIT 55. If I were to exceed that speed, i would not be in compliance with the rules of the road, but i would not cease to exist. (Don't ask me how I know that). Link to comment Share on other sites More sharing options...
Edgar Guest Posted December 4, 2014 at 08:54 PM Report Share Posted December 4, 2014 at 08:54 PM If I were to exceed that speed, i would not be in compliance with the rules of the road, but i would not cease to exist. That might depend on by how much you were exceeding that speed. Link to comment Share on other sites More sharing options...
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