Bylaws revision conflict with law

[mikalac]

Counsel will serve as statutory and parliamentary consultant at our upcoming owner meeting. My bylaws revision will be on the agenda. Please confirm or correct that if counsel recognizes a statutory conflict in some part of the revision and announces it, that the chair should then ask counsel for a change in wording that repairs the defect and then should "entertain" a motion from a floor member to "move that blah, blah, blah ..." to change the defective words to conform to the law.

 

Thanks, Norm

[Dan Honemann]

If a bylaws revision is pending, motions to amend it are in order.

 

If a portion of the pending revision is in violation of applicable law, this fact should be brought to the attention of the assembly by the presiding officer (who may call upon counsel to do so if it is particularly complex). A member may then request advice as to whether or not a particular amendment will solve the problem, or whether counsel can suggest an appropriate amendment, but I do not think that the chair is obliged to obtain such information on his own initiative.

 

It is best, of course, to recognize and resolve these sorts of problems ahead of time.

[Timothy]

I interpret what you are saying is that the chair or any owner can ask Counsel for the exact words to put into the revision to make it conform to the law. Am I correct?

 

Norm

 

An owner can inform the chair that he would like to know what Counsel thinks the exact wording should be. An owner can also make a motion to refer it to Counsel, which would create a one man committee to make a recommendation at a later time.

[Guest Nancy N.]

Doesn't bother me much.