bylaws Voting to Set aside the bylaws

[Guest MPT]

I have a situation where our bylaws require that a bylaw amendment requires that the board members be given 24 hours advance notice of the amendment prior to taking action on the issue, can the board vote set aside the 24 hour requirement?   

[George Mervosh]

8 minutes ago, Guest MPT said:

I have a situation where our bylaws require that a bylaw amendment requires that the board members be given 24 hours advance notice of the amendment prior to taking action on the issue, can the board vote set aside the 24 hour requirement?   

Usually, no.  "Rules protecting absentees cannot be suspended, even by unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension. For example, the rules requiring the presence of a quorum, restricting business transacted at a special meeting to that mentioned in the call of the meeting, and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.* "  RONR (11th ed.), pp. 263-64

Edited October 24, 2019 at 07:32 PM by George Mervosh

[jstackpo]

56 minutes ago, George Mervosh said:

and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.* "  RONR (11th ed.), pp. 263-64

Note the very last phrase - here highlighted.  so if ALL the board members are present you can disregard the 24 hour notice.

Don't make a habit of it, however, or you might come a cropper in the future.