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banning members with out due process


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here is what the by laws say  does section 3 over ride section 4  in not allowing for due process? and if no one paid the $200 is it valid ?

ARTICLE 3: Interpretation & Discipline

Section 1: The interpretation by the Executive Board of this association of the Constitution, By-Laws, Rules, Regulations, Notices, Resolutions, Properties and of Association Documents and Orders shall be binding upon all members of this Association.

Section 2: All notices required to be sent to any member of this Association shall be sent by regular mail, prepaid to the member's address as it appears on the books of the Association, and such mailing should be presumptive evidence of the service thereof. Any change of address must be sent promptly to the Secretary.

Section 3: The Executive Board may impose penalties upon any member for conduct, which, in its judgment, warrants such action. Such penalties include but are not limited to expulsions, suspensions and fines.

Section 4: If a complaint of misconduct is brought against any member, elected officer or Director, the Executive Board shall be polled thereafter as soon as possible, and

(a) If the Executive Board determines that there is a reasonable basis for such complaint and that the Association could be adversely affected by the retention of membership of said member or the retention in office of said officer or Director, the board may in its own discretion suspend such person pending a final determination as set forth herein.

(b)The President, or if the President be charged, the Vice President, shall appoint a Grievance Committee. The Grievance Committee shall investigate the complaint and within a reasonable time limit report its findings.

© The Executive Board shall receive the findings of the Grievance Committee and shall determine whether a special meeting of the Executive Board shall be convened for a hearing on the complaint and consideration of the grievance committee report or to defer action on the complaint until the next regularly scheduled Executive Board meeting.

(d) The complainant and the accused shall be notified of the date of any Executive Board meeting and shall be afforded the opportunity to present evidence relating to the charge.

(e) The determination of the Executive Board shall be a final resolution of the manner, subject to the appeal process set forth in Section 5 hereof.

(f) All complaints to be considered pursuant to this section shall be in writing and shall be accompanied by a non-refundable fee of two hundred ($200) dollars to defray the costs attendant on the implementation of the procedures. In the event the Executive Board elects not to consider the complaint, it shall return one hundred ($100) dollars of the fee.

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Those are fascinating bylaws. I would assume the difference between section 3 and section 4 is that one is for members to bring complaints to the board, and one is for where the executive board members themselves are bringing a complaint, but I'm not the one making that determination.


Out of curiosity, can the general members change the bylaws, or does the board does that as well?

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