Damon Gilliland Posted March 4, 2011 at 01:12 AM Report Share Posted March 4, 2011 at 01:12 AM Went to a business meeting...had a quorum...voted on a an amendment to an existing bylaw..it passed (moved, seconded)Problem-- the bylaws clearly state: the proposed amendment text shall be publicly posted and sent by mail to each regular member at his or her address, at least ten days prior to such meeting at which the amendment to be considered. That did not happen...nothing was sent to any regular member...Question-- Even though the Board President and Board members admit the mistake of not sending the amendment to the members 10 days in advance...Is the amendment considered (passed, approved, ratified) or has it been deemed (not approved, not ratified)? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 4, 2011 at 01:21 AM Report Share Posted March 4, 2011 at 01:21 AM Went to a business meeting...had a quorum...voted on a an amendment to an existing bylaw..it passed (moved, seconded)Problem-- the bylaws clearly state: the proposed amendment text shall be publicly posted and sent by mail to each regular member at his or her address, at least ten days prior to such meeting at which the amendment to be considered. That did not happen...nothing was sent to any regular member...Question-- Even though the Board President and Board members admit the mistake of not sending the amendment to the members 10 days in advance...Is the amendment considered (passed, approved, ratified) or has it been deemed (not approved, not ratified)?The amendment is null and void. The bylaws requirement for previous notice protects the rights of absentees, and may not be suspended. You will have to do it over the right way. Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 4, 2011 at 01:21 AM Report Share Posted March 4, 2011 at 01:21 AM Went to a business meeting...had a quorum...voted on a an amendment to an existing bylaw..it passed (moved, seconded)Problem-- the bylaws clearly state: the proposed amendment text shall be publicly posted and sent by mail to each regular member at his or her address, at least ten days prior to such meeting at which the amendment to be considered. That did not happen...nothing was sent to any regular member...Question-- Even though the Board President and Board members admit the mistake of not sending the amendment to the members 10 days in advance...Is the amendment considered (passed, approved, ratified) or has it been deemed (not approved, not ratified)?If the amendment provision in the bylaws was not followed then the (adopted) amendment is null and void (RONR p. 244a). You all will need to start from scratch. Link to comment Share on other sites More sharing options...
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