Guest Cynthia Posted March 10, 2015 at 05:16 PM Report Share Posted March 10, 2015 at 05:16 PM Our Bylaws state that dues should be $50 a year for membership. Last year the Executive Board approved "special" of $35 midyear as a means to increase membership. Is this permissable or should decision been voted on by the body as a bylaw change? Link to comment Share on other sites More sharing options...
Richard Brown Posted March 10, 2015 at 05:27 PM Report Share Posted March 10, 2015 at 05:27 PM If the bylaws state that dues shall be $50 per year, that figure can be changed only by amending the bylaws. Neither the board nor the general membership can change the figure with a simple motion. A bylaw amendment is necessary. A "special assessment" would likewise be improper unless the bylaws allow for such assessments. Edited to add: Upon re-reading your post, I realize that I mis-read your post the first time. What the board is perhaps trying to do is allow people to join "mid year" for $35. It amounts to pro-rating the dues. There is perhaps a bit more "wiggle room" there to the extent that it would involve an interpretation of your bylaws, which is beyond the scope of this forum. Edited again to add: It's a good question. I'm anxious to see what others have to say about it. Link to comment Share on other sites More sharing options...
Edgar Guest Posted March 10, 2015 at 05:58 PM Report Share Posted March 10, 2015 at 05:58 PM I don't think the board can change the effective annual dues to $70. I don't think the board can mess around with the dues at all. Link to comment Share on other sites More sharing options...
Guest Cynthia Posted March 10, 2015 at 06:10 PM Report Share Posted March 10, 2015 at 06:10 PM The responses are very helpful, thanks so much! Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted March 10, 2015 at 06:12 PM Report Share Posted March 10, 2015 at 06:12 PM If the bylaws state that dues shall be $50 per year, that figure can be changed only by amending the bylaws. Neither the board nor the general membership can change the figure with a simple motion. A bylaw amendment is necessary. I agree with this. A main motion that has been adopted that conflicts with the bylaws is null and void and a point of order can be made at any time during the continuance of the breach. (see RONR 11th ed., p. 251) Link to comment Share on other sites More sharing options...
Richard Brown Posted March 10, 2015 at 06:25 PM Report Share Posted March 10, 2015 at 06:25 PM I don't think the board can change the effective annual dues to $70. I don't think the board can mess around with the dues at all.I agree that changing the effective annual dues to $70 does not seem proper. As to whether the board can mess around with the dues at all, I'm not so sure. I think it depends on the exact wording in the bylaws and on how the organization interprets it. If the bylaws say simply that dues shall be $50 per year, with no mention of how or when it shall be paid, would the board (or the general membership) have the authority to prorate the dues? What about letting members pay the dues in two $25 payments? What about monthly installments? What about establishing a due date for the dues if it isn't specified in the bylaws? I don't think it's necessarily so cut and dried to say that the board can't mess around with the dues in any way. I think a lot depends on the wording of the dues clause and on just what the board wants to do. I do agree wholeheartedly, though, that neither the board nor the membership can increase (or decrease) the dues without amending the bylaws. The manner of paying that $50 and whether it can be pro-rated or paid in installments doesn't seem so clear to me. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 10, 2015 at 06:48 PM Report Share Posted March 10, 2015 at 06:48 PM I agree that changing the effective annual dues to $70 does not seem proper. As to whether the board can mess around with the dues at all, I'm not so sure. I think it depends on the exact wording in the bylaws and on how the organization interprets it. If the bylaws say simply that dues shall be $50 per year, with no mention of how or when it shall be paid, would the board (or the general membership) have the authority to prorate the dues? What about letting members pay the dues in two $25 payments? What about monthly installments? What about establishing a due date for the dues if it isn't specified in the bylaws? I don't think it's necessarily so cut and dried to say that the board can't mess around with the dues in any way. I think a lot depends on the wording of the dues clause and on just what the board wants to do. I do agree wholeheartedly, though, that neither the board nor the membership can increase (or decrease) the dues without amending the bylaws. The manner of paying that $50 and whether it can be pro-rated or paid in installments doesn't seem so clear to me. See post #5 where Mr. Huynh, not to be confused with our own Tim Huynh, showed you where you should have stopped. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.