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when is a bylaw amendment "in effect"


Travis

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1. If a bylaw of the organization is amended in the general session of voting members, is it immediately in effect the moment it is approved? If so:

 

a. Are any decisions made (in the same meeting) prior to the bylaw change now carried out under the amended bylaw, if the amended bylaw affects them in some way, though they were voted on under the old bylaw?

 

b. If a previous decision (A) is affected by the new bylaw amendment in a way that the person who presented the motion (A) did not foresee and does not want to happen, what action can he take?

 

 

 

 

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1)  Yes.

 

1a)  Yes.

 

1b).  That depends on the details of what the motion was and how drastically it was effected.  He is free to make "corrective" motions  --  probably to amend something previously adopted, p. 305  --  in the future. But his "effected motion" is still in effect until he can get a chance to make amendments, or something.

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1. If a bylaw of the organization is amended in the general session of voting members, is it immediately in effect the moment it is approved? If so:

Yes, unless you don't want it to. It's perfectly fine to include, in the motion to Amend, a provision that the change will only go into effect at some future specified time. But if that wasn't done, then it took effect immediately.

 

 

a. Are any decisions made (in the same meeting) prior to the bylaw change now carried out under the amended bylaw, if the amended bylaw affects them in some way, though they were voted on under the old bylaw?

 

Yes, but not to the point of enforcing ex post facto provisions.  Actions that were properly completed under the old bylaws cannot be deemed improper under the new; but going forward they can be.    The "carrying out" of any acts not yet carried out  must comply with the current bylaws.

 

 

b. If a previous decision (A) is affected by the new bylaw amendment in a way that the person who presented the motion (A) did not foresee and does not want to happen, what action can he take?

 

He can open his palm and smack his forehead sharply.

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