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By-laws


Guest Adele
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Our by-laws are very outdated and need updating.  A project is underway to update them and bring them into the this century. 

My question is:

1.  When the need arises can the Board, with a majority vote, change the By-laws.  For example:  the By-laws state: the Dues notices must be sent by post (snail mail).  Can the Board vote to temporarily go against that By-law and send the Dues notices by e-mail?  The same said for Conference Calls for meetings, our By-laws allow for mail (snail)  meetings and in-person meetings only.  There are many other such examples and we do have those who believe the By-laws must be followed, no matter what.

Thank you, Adele.

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If it says "postal", then postal it is.  If it just says "mail" the question of e-mail appears to me to be a bylaws interpretation question.  Best to be explicit and allow both p-mail and e-mail. Or internet posting, or whatever.

No meetings by conference calls (or any other sort of absentee participation system) without explicit approval or authorization in the bylaws.  How on earth do you have "mail meetings?"

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11 hours ago, jstackpo said:

If it says "postal", then postal it is.  If it just says "mail" the question of e-mail appears to me to be a bylaws interpretation question.  Best to be explicit and allow both p-mail and e-mail. Or internet posting, or whatever.

No meetings by conference calls (or any other sort of absentee participation system) without explicit approval or authorization in the bylaws.  How on earth do you have "mail meetings?"

Additionally, if the bylaws specify notice "in writing", RONR says that means postal mail, but can mean e-mail, fax, etc., if the recipient has agreed to receive notices by that method.

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We amended our bylaws a couple of years ago for exactly that reason. Our bylaws required that dues notices be sent by U.S. first class mail -- which was so specific that there was simply no reasonable interpretation that notices could be sent in any other fashion, regardless of whether members had consented to receive notices electronically. We added words to also permit email or fax for the sending of dues notices provided the member had consented to receive notices electronically. There were no objections by anyone to that change. It was completely uncontroversial. We did have to follow the prescribed procedure for amending bylaws, of course, and it sailed right through easily.

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18 hours ago, Small DogClub said:

We amended our bylaws a couple of years ago for exactly that reason. Our bylaws required that dues notices be sent by U.S. first class mail -- which was so specific that there was simply no reasonable interpretation that notices could be sent in any other fashion, regardless of whether members had consented to receive notices electronically. We added words to also permit email or fax for the sending of dues notices provided the member had consented to receive notices electronically. There were no objections by anyone to that change. It was completely uncontroversial. We did have to follow the prescribed procedure for amending bylaws, of course, and it sailed right through easily.

That's a wise move.  It's nice to know that you could have saved a tiny bit of paper by simply saying "in writing" which would accomplish exactly the same thing.  But the advantage of having the rule right there in front of you is that it's, well... right there in front of you.

Well done.

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5 hours ago, Gary Novosielski said:

That's a wise move.  It's nice to know that you could have saved a tiny bit of paper by simply saying "in writing" which would accomplish exactly the same thing.  But the advantage of having the rule right there in front of you is that it's, well... right there in front of you.

Well done.

Well, you live & learn. At the time, I didn't have my trusty copy of RONR, nor did I know of this forum's existence. Now I know. :)

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