Atul Kapur Posted November 8, 2019 at 05:50 PM Report Share Posted November 8, 2019 at 05:50 PM 2 hours ago, Tomm said: the Bylaws also sorta gives the Board the authority to change the Bylaws? "The Board shall have the authority to establish, change and/or delete Board Policies and any rules and regulations of the Corporation I don't read that as including the power to change the bylaws. In other words, I do not think that "any rules and regulations of the corporation" includes the bylaws. I would say rules and regulations are below bylaws. But, my opinion is not worth the paper it's not written on. In the case of any ambiguity, it's up to your corporation to interpret its own bylaws. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 8, 2019 at 06:09 PM Report Share Posted November 8, 2019 at 06:09 PM 16 minutes ago, Atul Kapur said: I don't read that as including the power to change the bylaws. In other words, I do not think that "any rules and regulations of the corporation" includes the bylaws. I would say rules and regulations are below bylaws I agree. I also agree that it is ultimately up to the members of this corporation to interpret its bylaws... and to a court, if the matter should wind up in one. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted November 8, 2019 at 10:37 PM Report Share Posted November 8, 2019 at 10:37 PM (edited) 7 hours ago, Tomm said: I don't even want to go there because the Bylaws also sorta gives the Board the authority to change the Bylaws? "The Board shall have the authority to establish, change and/or delete Board Policies and any rules and regulations of the Corporation as deemed necessary and within the authority as outlined in the Corporate Documents". Is there another portion of the bylaws which addresses amending the bylaws more directly? I am not entirely persuaded that this clause includes the authority to amend the bylaws. In the event that the society has, in fact, adopted a rule in its bylaws authorizing the board to amend the bylaws, then the board may amend the bylaws. 7 hours ago, Tomm said: I wanted to challenge the Board on 2 counts. 1. They have to start their motion readings all over again once 1/3 of the Board changes (unless they waive that rule) and 2. I was hoping to tell them that the rule was invalid! I guess I'll have to settle for 1? Yes, I think so. Edited November 8, 2019 at 10:37 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Recommended Posts