When is a resolution adopted?

[Guest 1976]

Hi everyone,

I've always been under the impression that a substantive resolution (such as a constitutional amendement) doesn't take effect until *end* of the meeting at which it's adopted. Does Robert's Rules say anything to that effect? Or have I just been mistaken?

Thanks!

[Hieu H. Huynh]

It takes effect immediately.

[Guest 1976]

Thanks! So it's possible to 1) amend the bylaws and then 2) pass a resolution that would be out of order were it not for the amendment, all in the same meeting? The meeting in question is a board meeting, not a general meeting/meeting of members.

[Joshua Katz]

If the board has the authority to amend the bylaws. Does it?

[Guest 1976]

With some exceptions, yes. Amendments adopted by the board take effect provisionally, pending approval by the members.

[Joshua Katz]

34 minutes ago, Guest 1976 said:

With some exceptions, yes. Amendments adopted by the board take effect provisionally, pending approval by the members.

You have a customized rule for bylaw amendments, so the answer to your specific question depends on interpreting your bylaws, which only your organization can do. But I think one thing that is clear is, absent a provision delaying the effectiveness of bylaw amendments, IF the bylaw would be effective 10 minutes after adjournment (without any intervening action), then it is effective during the meeting too (once it's been adopted, of course). But it seems you've hit upon one reason this business of taking effect provisionally is not a good idea, to the extent your organization can make sense of it.

[Guest 1976]

Thanks--that's very helpful.

[Richard Brown]

I had a bit of a hard time following Mr. Katz's post, so I'll  add this:

Just to be clear, all motions (and bylaw amendments) take effect IMMEDIATELY upon adoption... instantaneously.... upon adoption UNLESS you have a rule or a provision in the motion itself that provides that it takes effect at a later time or date.  So, for example, if you amend the bylaws at your annual meeting to add additional qualifications for being elected to office, those new qualifications take effect immediately and the officers that you plan to elect a few minutes later in the meeting must meet the new qualifications.   And if you have by chance elected your officers prior to the adoption of the amendment using the old qualifications, the newly adopted qualifications might mean that the officers you just elected are suddenly not qualified to serve and vacancies are created by their sudden disqualification.

However, if you have a provision in your bylaws (as you seem to have) that says something to the effect that the Board can adopt bylaw amendments but they take effect only "provisionally" (whatever that means) until approved by the membership, then that is a completely different ballgame and you must interpret those rules for yourself.  Only your organization can interpret its own bylaws.  We cannot do that for you.

Edited September 30, 2018 at 06:22 AM by Richard Brown
Added last two sentences

[Gary Novosielski]

I wouldn't be willing to say that it takes place immediately without seeing the exact bylaws language. 

If amendments are conditioned upon approval by the membership, then a case could be made that it's not in effect until it is so approved.  Of course the bylaws could provide otherwise, but I think that would be a bad idea.  What if action is taken by the board based on the new bylaws, but then the change is rejected by the membership?  What if that action is not reversible?