Can we supersede a bylaw?

[FrankC]

In our social club's bylaws, it specifically outlines how to expel a member for life. It basically states that you have to have a vote at a regular meeting and get 3/4 of the members to approve expelling the offending member. My question is: can we supersede that bylaw by having the offending member sign a document that states if he is to cause anymore trouble in the club, he would accept permanent expulsion from the club. We would have it signed by him, have it notarized and present it to the members for approval. The reason for going this route is that he could sink his own ship by misbehaving in the club and we wouldn't look like we are attacking him to get him expelled.

Thanks in advance for any help!!

[Alexis Hunt]

If your bylaws provide a procedure to expel someone for life, and you want to expel them for life, you have to follow that procedure. Nothing, however, stops you from getting the person to state that they agree with it.

[FrankC]

Thanks for your response Alexis!!

So, we would still have to have the vote to expel this member even if he agrees to resign his membership voluntarily? In this document we would like to prepare, we thought we could have him agree to resign his membership if he causes trouble in the club again. We understand the bylaw procedure. We were just hoping to let him go away on his own instead of us kicking him out through a vote of the members.

 

[Josh Martin]

14 hours ago, FrankC said:

So, we would still have to have the vote to expel this member even if he agrees to resign his membership voluntarily?

No. A vote is required to accept the member's resignation, but a majority vote is sufficient for that.

It must be understood, however, that this is not the same thing as expelling the member for life. This distinction might matter if the member changes his mind and wishes to rejoin the organization in the future.

[FrankC]

Thanks for your response Josh! That makes sense.