Jump to content
The Official RONR Q & A Forums

Recommended Posts

I'm currently in the process of getting legal review of a particularly depressing set of corporate bylaws. Would sharing some of the most egregious examples be welcomed by the forum or should it strictly be limited to discussion of RONR itself?

Share this post


Link to post
Share on other sites

I'm not sure our servers would have enough space for all the poorly written bylaws out there. It seems almost like bad sportsmanship to try catching them.

Share this post


Link to post
Share on other sites
Guest Watson

Learning from the mistakes of others is a great teaching tool. Please educate me. 

Share this post


Link to post
Share on other sites
32 minutes ago, Guest Watson said:

Learning from the mistakes of others is a great teaching tool. Please educate me. 

In my view, the best way to learn about the proper way to compose bylaws is by reviewing §56. CONTENT AND COMPOSITION OF BYLAWS  beginning on p. 565 in RONR.  If you follow the recommendations there, you'll be miles ahead of the game. The General Discussion forum is overloaded with examples of poorly written bylaws.

Edited by George Mervosh

Share this post


Link to post
Share on other sites

1)  The "Service Gap":  Page 585, "Section 3" of the sample bylaws.   I'll let you have a go at figuring out the difficulty -- let you know tomorrow if you give up.

2)  The "Logic Bomb":  p. 588, the last two lines of "Article VIII".                              ditto

Share this post


Link to post
Share on other sites

All right, I'll have to go through in detail for more, but here's the one that made me post this in the first place:

Quote

If sixty (60) minutes after the time appointed for the holding of any meeting of owners, a quorum (which shall be the number prescribed by the Act) is not present, the meeting shall be dissolved and shall stand adjourned to such time and place as the board shall determine. Notice of the time, day and place of the convening of such adjourned meeting shall be given not less than ten (10) days prior to the convening of such meeting to each owner or mortgagee entitled to vote thereat. A quorum shall be constituted when persons entitled to vote not less than twenty-five (25%) of the units are present in person or represented by proxy.

Here's what my first read interpretation of this glorious passage says:

  1. Nothing exempts a meeting which obtained and subsequently lost quorum from the provisions of the automatic adjournment after one hour, so it seems that quorum-busters could leave at 59 minutes and trigger it. Debatable whether or not this only applies at exactly 60 minutes or whether it would apply later, as well. Would be awkward if a barely-quorate meeting couldn't excuse anyone to go to the washroom without adjourning.
  2. In the event that the automatic adjournment doesn't apply to a meeting that loses quorum after it begins, if the meeting adjourns itself by motion, that's not "such adjourned meeting" and therefore the notice requirements do not apply.
  3. The bylaw claims that quorum contradicts itself by claiming that the quorum is as specified by the Act, while also providing a specific number---the Act in question provides a default but with some variation permitted in the bylaws.
Edited by Alexis Hunt

Share this post


Link to post
Share on other sites

I'm inclined to read the first sentence as if the word "still" had been inserted after the word "is" and before the words "not present"; and I gather that the quorum specified in the last sentence is that required at the adjourned meeting. 

Share this post


Link to post
Share on other sites
On 9/15/2019 at 2:34 AM, jstackpo said:

The "Logic Bomb":  p. 588, the last two lines of "Article VIII".                              ditto

I'll bite. Please explain your dissatisfaction with those two lines.

Share this post


Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...