Guest P Devine

Bylaw Chair

5 posts in this topic

We are a non-profit 501(3)(C) in Massachusetts.  Currently our bylaws state that the membership must be given any bylaw proposals 30 days in advance of the annual membership meeting each May.  We did not receive the proposals in a timely manner.  There are no provisions listed in the bylaws as to what should be done if this notice is not timely.

Is there anything in Roberts Rules that might address this?

Thank you.

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15 minutes ago, Guest P Devine said:

We are a non-profit 501(3)(C) in Massachusetts.  Currently our bylaws state that the membership must be given any bylaw proposals 30 days in advance of the annual membership meeting each May.  We did not receive the proposals in a timely manner.  There are no provisions listed in the bylaws as to what should be done if this notice is not timely.

Is there anything in Roberts Rules that might address this?

Thank you.

Yes. On pages 263-264, RONR (11th ed.) explains that "rules ... requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent."

As a consequence, if any members are not present at your annual meeting (which I assume is most likely to be the case), any proposed bylaw amendments for which the required notice was not given cannot be entertained.

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Does this mean that a vote of the majority of members is out of the question when previous notice of a bylaw amendment has not been given?

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4 minutes ago, Guest Who's Coming to Dinner said:

Does this mean that a vote of the majority of members is out of the question when previous notice of a bylaw amendment has not been given?

Yes, since these bylaws contain a provision for their amendment and that provision demands previous notice be given.

"

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