Legal bylaws revision

[Dhalljr]

Given the following procedures for making bylaws changes, would a vote taken legally but failing make the required 10% response be able to be extended by the president alone? And if extended would that vote be valid or should the vote be retaken?

4. Any proposed amendment(s) that are modified at said Voting Membership meeting shall be submitted to the Constitution and Bylaws Committee for additional review and comment. The Constitution and Bylaws Committee shall have thirty (30) days to complete said review and provide comments to the Board. The Association shall use reasonable efforts to send to each Voting Member the proposed amendment(s), the comments from the Constitution and Bylaws Committee, and a voting ballot, via either US mail or electronic mail, no later than seven (7) days following the Board’s receipt of Constitution and Bylaws Committee’s aforementioned comments. Voting shall begin seven (7) days following said sending of the proposed amendment(s) to the Voting Members, and shall end twenty-one (21) days after said sending.

5. All valid ballots that are postmarked or electronically stamped before midnight of the last eligible day shall be counted. All voting shall be verified by the Chief Executive Officer, the President, and the Secretary. Any proposed amendment(s) having received at least two-thirds (2/3) of the verified votes cast shall become effective immediately following such verification of said vote; provided that in no event may a vote in which less than ten percent (10%) of the Voting Members participate in be a valid vote. The results shall be made known to the General Membership by written or electronic communication within five (5) business days following certification of said vote.

[Dan Honemann]

Given the following procedures for making bylaws changes, would a vote taken legally but failing make the required 10% response be able to be extended by the president alone? And if extended would that vote be valid or should the vote be retaken?

4. Any proposed amendment(s) that are modified at said Voting Membership meeting shall be submitted to the Constitution and Bylaws Committee for additional review and comment. The Constitution and Bylaws Committee shall have thirty (30) days to complete said review and provide comments to the Board. The Association shall use reasonable efforts to send to each Voting Member the proposed amendment(s), the comments from the Constitution and Bylaws Committee, and a voting ballot, via either US mail or electronic mail, no later than seven (7) days following the Board’s receipt of Constitution and Bylaws Committee’s aforementioned comments. Voting shall begin seven (7) days following said sending of the proposed amendment(s) to the Voting Members, and shall end twenty-one (21) days after said sending.

5. All valid ballots that are postmarked or electronically stamped before midnight of the last eligible day shall be counted. All voting shall be verified by the Chief Executive Officer, the President, and the Secretary. Any proposed amendment(s) having received at least two-thirds (2/3) of the verified votes cast shall become effective immediately following such verification of said vote; provided that in no event may a vote in which less than ten percent (10%) of the Voting Members participate in be a valid vote. The results shall be made known to the General Membership by written or electronic communication within five (5) business days following certification of said vote.

 

Please keep in mind that this forum is for the discussion of proper procedure under the rules in RONR, and not a discussion of proper procedure under the rules in your bylaws.

 

That having been said, I see nothing whatsoever in what you have quoted that gives the president or anyone else the power to extend the time for voting, and there is certainly nothing in RONR which does so.

[Dhalljr]

Thank you for your response.