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Showing results for tags 'illegal'.
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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
I would like to know the procedure to kill a motion that if passed and implimented would violate the existing bylaws. There would not be the option to amend the bylaws before the vote because the vote is being taken a at level that does not have the authority to change the bylaws.
A motion was made to elect someone to a treasurer position in a meeting. After discussion, a motion was made that an officer of this same position couldn't serve in this position if their spouse was on the finance committee. Moderator said this was out of order and had to be done later. He said we had to move on with a vote on the person and address the concern later. Motion to vote secret ballot was denied. Person was voted in. Later in the meeting under new business, a motion was made that an officer of this same position couldn't serve in this position if their spouse was on a committee they were interacting with. This was seconded and carried. Today, the moderator is saying this later motion that passed is illegal. It couldn't happen in the same meeting as an election. Can anyone help advise what is the correct procedure.