Changing bylaws

[vicmar75]

I belong to a small charitable organization. Our bylaw committee is working on some changes to our bylaws. We have been advised that we can add to our bylaws, but we cannot remove anything. Can we remove items if we get a majority vote from our members?

[David A Foulkes]

I belong to a small charitable organization. Our bylaw committee is working on some changes to our bylaws. We have been advised that we can add to our bylaws, but we cannot remove anything. Can we remove items if we get a majority vote from our members?

Of course, although it may (and should) take more than a majority vote. Your bylaws should contain a section detailing the requirements for amendment, including notice and voting threshold. If not...

"The bylaws should always prescribe the procedure for their amendment, and such provision should always require at least that advance notice be given in a specified manner, and that the amendment be approved by a two thirds vote. If the bylaws contain no provision for their amendment, they can be amended at any business meeting by a two-thirds vote, provided that previous notice (see p 116) has been given; or, without notice, they can be amended at any regular meeting by vote of the majority of the entire membership." (RONR 10th Ed, p. 562 ll. 9-18)

Amending means changing, which would include adding and/or removing words, sentences, or whole sections or articles as the membership sees fit. Ask whoever told you otherwise to show you where it says that you can't remove items from the bylaws.

[hmtcastle]

I belong to a small charitable organization. Our bylaw committee is working on some changes to our bylaws. We have been advised that we can add to our bylaws, but we cannot remove anything. Can we remove items if we get a majority vote from our members?

You can amend (i.e. change) your bylaws however you like as long as you follow the amendment process defined in your bylaws.

[The U.S. Constitution is rare in that amendments are added but nothing is ever removed (though some amendments supersede previous rules).]

[Kim Goldsworthy]

Our bylaw committee is working on some changes to our bylaws.

OK.

We have been advised

that we can add to our bylaws, but we cannot remove anything.

"We have been advised"?!

By whom?

Why do you take this advice seriously?

By what rule can you only add, and cannot subtract?

(Is it the commutative law or associative law?)

Q. Can we remove items if we get a majority vote from our members?

You can amend your bylaws per your bylaws' official METHOD OF AMENDMENT.

Whether it takes a majority vote, or whether it takes the membership doing the voting, is 100% dependent on the the method of amendment.

E.g., in some orgs, its takes a two thirds vote.

E.g., in some orgs, the board, not the membership, amends the bylaws.

So read your bylaws.

Read the method of amendment.

No answer from Robert's Rules will apply where one's bylaws already pre-empt the issue with its own specific rule.