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Exhibits to bylaws and member standing


J. Moore

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Our board has revised our constitution and bylaws.  They have given the proper amount of notice, as required.  The reason for the revision is that the board wishes every member to sign, on a yearly basis, four different documents to maintain "member in good standing status", in addition to paying dues.  They did this because it was pointed out to them that standing depends only on whether or not dues have been paid (as is stated in the current bylaws), and since the relevant documents were not listed in the bylaws, this created a conflict with the bylaws taking precedence.  The four documents have been listed in the revision; they have also been attached as "exhibits".  I can find no reference to attaching exhibits in RRO; the closest I can find is that the bylaws would be printed in a booklet, along with standing rules and any other relevant documents, to be given to members as needed.  Can bylaws have "exhibits" attached to them?  I suspect this attachment is being done to put these documents on an equal footing with the bylaws, and I do not believe this can be done, since RRO clearly states the bylaws have precedence over all other rules of an organization, after state and Federal, of course. 

 

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3 minutes ago, J. Moore said:

Our board has revised our constitution and bylaws. 

Does your board have this authority?

 

4 minutes ago, J. Moore said:

I suspect this attachment is being done to put these documents on an equal footing with the bylaws, and I do not believe this can be done, since RRO clearly states the bylaws have precedence over all other rules of an organization, after state and Federal, of course. 

Well, applicable procedural law. In any case, I don't think there's any issue here of rank or precedence - your bylaws say "fill out this form" and then incorporate the form. I do question if the entire amendment was properly adopted, though.

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43 minutes ago, J. Moore said:

Can bylaws have "exhibits" attached to them? 

Yes, and said exhibits become part of the bylaws if the bylaws if the language is worded properly.  Such language might say something like this:  "In order to remain in good standing, members must submit evidence annually that they have complied with the "Conditions for maintaining good standing" which is attached hereto as Exhibit A.

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