Guest wayne a Posted November 10, 2015 at 07:27 PM Report Share Posted November 10, 2015 at 07:27 PM If the bylaws state that to be eligible to the office of President if you are a past President 5 complete years from the last day of the previous presidency must expire to be eligible can the board of Directors of a Mutual Benefit Corporation waive the bylaws and approve the person to be nominated and voted on by the membership in a election? Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 10, 2015 at 07:29 PM Report Share Posted November 10, 2015 at 07:29 PM If the bylaws state that to be eligible to the office of President if you are a past President 5 complete years from the last day of the previous presidency must expire to be eligible can the board of Directors of a Mutual Benefit Corporation waive the bylaws and approve the person to be nominated and voted on by the membership in a election? Probably not. Link to comment Share on other sites More sharing options...
Josh Martin Posted November 10, 2015 at 08:03 PM Report Share Posted November 10, 2015 at 08:03 PM If the bylaws state that to be eligible to the office of President if you are a past President 5 complete years from the last day of the previous presidency must expire to be eligible can the board of Directors of a Mutual Benefit Corporation waive the bylaws and approve the person to be nominated and voted on by the membership in a election?A rule in the bylaws cannot be suspended unless the bylaws specifically provide for its suspension or if the rule is in the nature of a rule of order (which a rule regarding eligibility is not). Additionally, if the membership elects the President, it would be up to the membership (not the board) to decide whether to suspend the rules relating to the election, unless the bylaws provide otherwise. Link to comment Share on other sites More sharing options...
Guest wayne a Posted November 10, 2015 at 08:53 PM Report Share Posted November 10, 2015 at 08:53 PM Thanks Josh-so in other words if the membership elects the President they also cannot suspend the by-laws unless the bylaws specifically provide for the suspension? Just want to be clear on this. Link to comment Share on other sites More sharing options...
Josh Martin Posted November 10, 2015 at 11:57 PM Report Share Posted November 10, 2015 at 11:57 PM Thanks Josh-so in other words if the membership elects the President they also cannot suspend the by-laws unless the bylaws specifically provide for the suspension? Just want to be clear on this.Yes. Link to comment Share on other sites More sharing options...
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