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Does Previous Notice Limit Amendment?


Guest Loren

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Our bylaws require previous notice to amend our bylaws. A bylaw revision committee provided previous notice of its proposed revision. Is a motion from the floor to amend the proposed revised bylaws by adding a completely new article, one of which no previous notice has been given, in order during consideration of the proposed revised bylaws?

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Is this a proposed "revision" of the bylaws or proposed "amendments" to the bylaws?

 

The two are treated differently.

 

Normally, and from what I understand of your bylaws, previous notice of bylaw amendments must be given and any amendments to those amendments which are proposed at a meeting must be within the scope of the original notice.

 

But if the committee gave notice that a "revision" of the bylaws would be taken up at the meeting, then any new proposals introduced at the meeting are fair game.  A revision means you are starting from scratch and notice of particular amendments is not necessary.

 

I think I am agreeing with Chris Harrison in post # 2 above.

 

Edited to add:  The moral here is to be careful to use the correct term when talking about amending the bylaws.  An amendment and a revision are two completely different animals, with a revision essentially having no limits. 

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Edited to add:  The moral here is to be careful to use the correct term when talking about amending the bylaws.  An amendment and a revision are two completely different animals, with a revision essentially having no limits. 

 

That's not quite correct. A revision is one type of amendment.

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That's not quite correct. A revision is one type of amendment.

Well, yes, a revision is a type of an amendment, but it is one having almost no limits, other than the normal restrictions prohibiting contravening superior documents such as a corporate charter, state laws, etc.   The proposed revision can be further....and drastically... amended at the meeting with provisions far outside the "scope" of what was proposed by those who  proposed the revision initially.  But, you are, of course, right that they are both "amendments", just vastly different in how they can be further amended once before the assembly.  I was trying to keep it simple for Guest Loren.

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Well, yes, a revision is a type of an amendment, but it is one having almost no limits, other than the normal restrictions prohibiting contravening superior documents such as a corporate charter, state laws, etc.   The proposed revision can be further....and drastically... amended at the meeting with provisions far outside the "scope" of what was proposed by those who  proposed the revision initially.  But, you are, of course, right that they are both "amendments", just vastly different in how they can be further amended once before the assembly.  I was trying to keep it simple for Guest Loren.

 

But the OP, Loren, asked a specific question, and it seems apparent to me that it was phrased in a precise way, with this very distinction in mind. So it doesn't help to first admonish, "The moral here is to be careful to use the correct term when talking about amending the bylaws" and then to muddy things by saying, "An amendment and a revision are two completely different animals."

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Guest Loren here... Thank you for your counsel. This is indeed a formal & complete revision. The revision committee gave previous notice of its completed revised bylaws. My question is: Does this previous notice limit the scope of amendments to the material shared as previous notice... or is the discussion truly wide open to new material (a completely new article) of which no previous notice was given?

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