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Showing results for tags 'bylaw'.
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Our legal counsel determined and told us that a certain bylaw item is now illegal according to Federal law. (It prohibits members from soliciting clients of other members). How do we expunge it? Do we need to pass a bylaw amendment to remove the offending item, or may we remove it by relying on legal counsel, and on the prohibition on having any bylaw that is not allowed by higher laws, or contradicts higher laws? Thank you. yoram
Guest posted a topic in General DiscussionCurrently the club I belong a few of the board members are proposing amendments to the bylaws that take away all membership voting rights contained in our bylaws, leaving all decisions in the boards hands alone. Also proposed are extending unlimited board (officers/directors) terms at their discretion and taking out the provisions of informing the membership of meetings/agenda. Currently, even though our bylaws state they must provide time/date, agenda and post minutes of meetings, they provide us none of these items. It is my understanding, that this goes against parliamentary rules in general. In addition, I believe I read in RONR somewhere (cannot find it now) that an exception to majority rule was that 2/3 vote from the membership is required for any bylaw change that takes away members rights. Is this true? Is it 2/3 of the quorum required or total voting membership? I also believe, I read in RONR that people (our board) "should" refrain on voting on these changes because they are self serving. Can anyone help us to prevent this by furnishing proper citations and proper procedure from RONR to strengthen our arguments against this? We are at a loss as to how to proceed to do this to keep our rights as voting members. 2 of our current board members are against these changes and furnished some of our members copies. These board members told us they are going to sneak the required notification of bylaw changes before the annual meeting by posting a link to the changes buried in an article in our newsletter in an attempt to get a lower turn out for the annual meeting of uninformed people. Did I mention that the bylaws committee is only comprised of 2 board members? HELP!
Our bylaws state in Article 3 Section 3 that all active member present at the meeting are eligible to nominate and vote for officers and directors. But in article 6 section 2 Associate member do not have voting rights. Which section should we go by? Our organization has two different classification of members. Please Help me with this.