Guest Alex Posted September 3, 2014 at 07:52 PM Report Share Posted September 3, 2014 at 07:52 PM Can a by-law revision operate retroactively? Link to comment Share on other sites More sharing options...
George Mervosh Posted September 3, 2014 at 07:55 PM Report Share Posted September 3, 2014 at 07:55 PM Can a by-law revision operate retroactively? What do you mean by "operate retroactively"? Link to comment Share on other sites More sharing options...
Guest Guest Posted September 3, 2014 at 08:11 PM Report Share Posted September 3, 2014 at 08:11 PM If an Association changed their bylaws to the eligiblity of an officer, would that mean that the individual(s) would retain their position until the next election cycle or would they lose it immediately. Also, would s/he have to return a pro-rated portion of his/her stipend if this were allowed to operate retroactively. Link to comment Share on other sites More sharing options...
Edgar Guest Posted September 3, 2014 at 08:14 PM Report Share Posted September 3, 2014 at 08:14 PM It's quite possible to change the bylaws so that a current office-holder is no longer eligible to hold that office. Indeed, it's possible to change the bylaws to eliminate that office altogether. In these cases many organizations will include a "proviso" in the amendment that "grandfathers" the current office-holder. But absent such a proviso, he could very well be out of a job at the moment the amendment is declared adopted. Note that this change is not really "retro-active". It applies to the current situation. As for refunding any money, I'm afraid that's something you'll have to figure out for yourselves. Link to comment Share on other sites More sharing options...
Richard Brown Posted September 3, 2014 at 08:25 PM Report Share Posted September 3, 2014 at 08:25 PM For provisions in RONR that support Mr. Guest's response and some cautionary statements, see RONR 11th edition, page 597 line 24 through page 598 line 2. Link to comment Share on other sites More sharing options...
Timothy Posted September 4, 2014 at 11:55 AM Report Share Posted September 4, 2014 at 11:55 AM You can't change history, so in that sense, no, you can't make a bylaw change retroactive. Any actions that have been taken because of that history can't be undone, but you may be able to take actions that reverse the results of those actions. As for trying to get money back from someone, good luck with that, but unless the person is willing to return the money, I expect you won't have much success. Link to comment Share on other sites More sharing options...
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