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  1. Folks, Our Bylaws require dues to be paid annually starting from a period three months prior from the annual meeting up until the annual meeting. The Bylaws further state that failure to pay will result in loss of membership and members may apply for membership once again after one year. Further, the Bylaws require "notification of nonpayment of dues will be made 1 month prior to the annual meeting". At the annual meeting, I opened the meeting and under the regular business announced the members who had lost their membership right for failure to pay dues. I was then questioned how and when
  2. A friend of mine has a vision of creating a new organzation. He called a meeting to gauge interest, and believes that enough exists. As it happens, there is a need both for somewhat extensive bylaws (and these will be hotly debated), and near-immediate action. Furthermore, he is nervous about holding funds for the prospective organization, let alone using them for definite action. I've read through the sections on mass meetings & organizing a society, as well as the general provisions regarding the bylaws. I'm going to be walking through the detailed explanation of the sections again,
  3. I recently have been hired as a consultant to a fraternity and I have a question about governing documents. The National fraternity is incorporated and uses its "National Constitution" to govern its business and operations. Each chapter of the fraternity is chartered as a part of the organization as a whole. As I'm going through lists of governing documents, there seems to be a wide gap in what these documents are called: some are referred to as "Chapter Constitution" and some as "Chapter Bylaws." When I was in college, my own chapter had a "Chapter Bylaws", and I was under the impression
  4. In a recent vote of the General Membership, we passed a change to our bylaws by a 65% majority. Our bylaws call for a simple majority to make chnges. One member suggested that Roberts Rules of Order took precedence over our own Club Bylaws and required at least a 2/3 or 3/4 majority. My question is simple: which takes precedence -- the Club's Bylaws or Roberts Rules??? Pkease help me.
  5. Guest

    Bylaw interpretation

    Can anyone other that a member write a complaint under the present by-law Section1. Complaints, Suspension and Expulsion. Any member may be disciplined including suspension or expulsion from membership, for breach of the by laws or club rules or regulations or for conduct or action prejudicial to good order and the best interests of the club. A complaint alleging a violation of the by laws or club rules or regulations or alleging conduct or action prejudicial to good order and the best interests of the club committed by a member or a person for whom a member is responsible shall be made in w
  6. If one is looking to amend an already exsisting bylaw, how do they go about doing it? Specifically, how should the proposed bylaw change be worded and formatted? What should a proper amendment include?
  7. Hello, I'm wondering if a Committee can or should ever have their own bylaws? If it's a permanent committee with their own mission (under the umbrella of a larger organization with bylaws, and a board of directors), couldn't they set up their own guidelines; ie. leadership structure, and bylaws which would only apply to that committee? If it is permitted, what would be the pros and cons of doing having their own set of bylaws? Thanks,
  8. In reading through our bylaws we have discovered that the terms for the board are not consistent through the document though the terms are commonly understood to be interchangeable. We would like to make an editorial change to use the same terminology throughout the document. Does this require an amendment and if so must each instance (there are 43 of them) be an individual amendment?
  9. I have a rather serious situation concerning a nonprofit (member) organization. I haven't seen referenced here in the forum. An recently elected member of an executive board (of about 25 elected and appointed members) discovered that the board had been repeatedly violating the organization' s bylaws. This executive board member noticed the entire executive board of the violations and requested that the board members immediately correct the conditions, follow its own bylaws including comply with all state and federal laws, in addition to requesting that the entire board undergo a fidu
  10. Our bylaws state "All officers shall serve for two-year terms." A controversy has arisen as to whether the officers are limited to one 2 year term or if they can serve multiple terms that are 2 years in length. Any thoughts?
  11. The by-laws of our organization state the initiation fee is 'x' amount. During a membership drive, can the fee be temporarily reduced without the need for a vote on changing the bylaw? .
  12. Organization is organized under bylaws approved by majority vote of a quorum of the entire organization. Is it customary/required/normal/... to provide the precise wording of amendments to the bylaws as opposed to providing a paraphrase of the wording and reasons for change? Is it proper to do this orally or should it be done in writing?
  13. When Bylaws vest Parliamentary Authority in the current edition of RRO and also include a specific provision for termination of President/CEO that does not follow the process described in RRO, do the Bylaws or RRO control?
  14. Some general membership organizations give their Board the power to amend the bylaws. The general membership, the "society", is powerless in this respect. If an ambiguity (or other interpretation problem) is discovered in the bylaws, what body, Board or General Membership, has the authority to decide, via p. 588, what the "correct" interpretation is? If the society (general membership) does the deciding, is the Board properly obliged to follow suit and amend the bylaws to agree with the society's interpretation? Let us disregard any "moral responsibility" for the Board to do what the society
  15. Guest

    Doing Business As

    I am reviewing bylaws submitted by the chapters of a national organization. A few of our chapters have drafted their name article to include a primary name d/b/a secondary name. In one case, two chapters have merged and the absorbing chapter is incorporated, the chapter does not want to amend their articles of incorporation, and the draft byaws state the following: "The name of the organization is Chapter One, Inc. d/b/a Chapter One/Chapter Two." I am finding in RONR that the name needs to be consistent and not in conflict with the name in the articles of incorporation or other superior govern
  16. I belong to a 501c3 organization that currently allows membership to spouses of officers and civilian equivalents. This is stated in our constitution and bylaws. Our president recently sent out an URGENT email stating that the Board of Governors had passed a motion "I move that the club be open to all ranks." The email further stated that she intended the membership to vote on this issue at the next general membership meeting in less than two weeks. No further information was provided on how the constitution would be rewritten to incorporate this motion. Our current C&B states the followin
  17. I am looking for references in Roberts rules that would address this question. A member of our church suggested that our church bylaw was subordinate to Roberts’s rules of order since it is referenced as our parliamentary authority in our bylaws. The point was raised in order to block an attempt to amend our bylaws. Our bylaw only requires a majority vote of the members present at any regular or special meeting to change the bylaw. Roberts rules suggest that prior notice should be given and a two-thirds vote required in order to change the bylaw.
  18. Our nonprofit bylaws grant our Election Committee complete authority in the election process for Directors, including the opening and closing of nominations. For this year's election to be held in Feb. 11, the nomination was opened on Dec. 10. Six people were nominated for three positions. The Election Committee has not been doing its duty to formally close the nomination in the manner prescribed in the bylaws. The bylaws state that the close of the nomination should be specified on the nomination form and announced in the newsletter, neither of which has been followed in the past few year
  19. Guest

    Amending Bylaws

    We are amending our bylaws. How many times does the amendment have to be read before the membership can vote on the amendment?
  20. In Article III, Section 4, of the sample bylaws (RONR, 11th ed., p. 584, ll. 26-30), it says that that the Recording Secretary "shall present [resignations from membership] to the Executive Board for action." Being that the Executive Board is subordinate to the membership, if a Society adopted this bylaw provision, would the membership still be able to act on the resignation? Or is this now exclusively under the purview of the Board?
  21. If my taxing, municipal org's bylaws include statement defining the role/function of each standing committee, for this example let's use "policy committee," and bylaws state that the policy committee shall create, craft, discuss and offer to the board new policies, would it be improper then for the board president acting apart from and without the board's knowledge, to craft new policy with someone in the organization but not on the board or a member of the policy committee?
  22. Guest

    bylaw amendment

    Our Bylaws provide that bylaws may be amended by a 2/3 vote of the Board not to become effective until ratified by 2/3 vote of the membership. The bylaws also provide that all communication with the conference may be made by mail, electronic or via the USPS, except for the submission of ballots for the election of Board members which must be made by hard copy by delivery in person or USPS and may not be accomplished by electronic means. The Board has voted by more than a 2/3 vote to amend the bylaws and allow for election of Board members by electronic means. Question 1.: Must the vote of t
  23. I have been elected within my organization to the position whose duties include, among other things, maintaining our governing documents. Having read over our Bylaws, I was disappointed to find that they have accrued many typographical errors over the years, and this is something I want to fix. However, I personally do not believe it should be necessary to bog down our business meetings with a formal amendment for such minor changes (hace should be have) as they will not change the intent or wording of the articles. Am I allowed, as the individual responsible for our governing documents, to si
  24. our group has a practice where when amending or adopting bylaws we must read the by-laws in whole 3 times in 3 consecutive business meetings. They've carried on this practice for years. is this something that is found in the Roberts Rules Book because we have no such wording in our bylaws..... thanks..and apologies if this was covered before but i couldn't find anything i obviously didn't see the thread made earlier....sheesh.
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