Precedence of Bylaws

[Tomm]

I live in a senior, over 55, community. The community itself is incorporated as a "Recreation Center" established to "coordinate, implement and aid the various recreational and social clubs."

The Corporation has established various Board Policies that set most of the rules and regulations for the Chartered Clubs.

Each individual Club is required to establish their own set of Rules and Regulations that would more closely administer their specific Club or venue. 

SECTION 4: MEMBERSHIP MEETING RULES AND REGULATIONS of the Corporate Bylaws states: "Robert's Rules of Order shall govern procedure at all meetings of the Corporation provided they are consistent with the laws of the State of Arizona and the Corporate Documents. A Parliamentarian may be present at the discretion of the President."

Question: I understand that the Section 4 above of the Bylaws pertain more to the Board of Directors and General Membership Meetings, but I'm wondering if the individual Chartered Clubs must also adhere to RONR even though they may not specifically be specified in the individual Clubs Rules and Regulations? I'm thinking that since each individual Club is a subordinate of the Corporation, they too must adhere to RONR. Sorta like Article VI of the U.S. Constitution, the Corporate Bylaws are the "Supreme Law of the Land" 

 

 

[J. J.]

3 hours ago, Tomm said:

I live in a senior, over 55, community. The community itself is incorporated as a "Recreation Center" established to "coordinate, implement and aid the various recreational and social clubs."

The Corporation has established various Board Policies that set most of the rules and regulations for the Chartered Clubs.

Each individual Club is required to establish their own set of Rules and Regulations that would more closely administer their specific Club or venue. 

SECTION 4: MEMBERSHIP MEETING RULES AND REGULATIONS of the Corporate Bylaws states: "Robert's Rules of Order shall govern procedure at all meetings of the Corporation provided they are consistent with the laws of the State of Arizona and the Corporate Documents. A Parliamentarian may be present at the discretion of the President."

Question: I understand that the Section 4 above of the Bylaws pertain more to the Board of Directors and General Membership Meetings, but I'm wondering if the individual Chartered Clubs must also adhere to RONR even though they may not specifically be specified in the individual Clubs Rules and Regulations? I'm thinking that since each individual Club is a subordinate of the Corporation, they too must adhere to RONR. Sorta like Article VI of the U.S. Constitution, the Corporate Bylaws are the "Supreme Law of the Land" 

 

 

This to apply to "all meetings of the Corporation."  This would not apply to clubs.

Edited January 12, 2020 at 06:36 AM by J. J.

[Richard Brown]

4 hours ago, J. J. said:

This to apply to "all meetings of the Corporation."  This would not apply to clubs.

Based on what we have been told about the bylaws, I agree. 

[Josh Martin]

13 hours ago, Tomm said:

Question: I understand that the Section 4 above of the Bylaws pertain more to the Board of Directors and General Membership Meetings, but I'm wondering if the individual Chartered Clubs must also adhere to RONR even though they may not specifically be specified in the individual Clubs Rules and Regulations? I'm thinking that since each individual Club is a subordinate of the Corporation, they too must adhere to RONR. Sorta like Article VI of the U.S. Constitution, the Corporate Bylaws are the "Supreme Law of the Land" 

A rule which requires the corporation to follow RONR has no bearing on subordinate organizations. The corporation could, if it wished, adopt rules requiring the chartered clubs to follow RONR as well. Such a rule would be binding upon the chartered clubs.

“If the unit for which the bylaws are to be drawn up is subject to a parent organization or superior body, such as a state or a national society (or both), or a federation, the bylaws governing at these higher levels should be studied for provisions which are binding upon subordinate units in a way that must be taken into account. The bylaws of a subordinate unit need to conform to those of a superior body only on clearly requisite points. For example, if the superior body limits the size of its subordinate units to 200 members, the bylaws should contain this limit or one that is lower. But the subordinate unit should not adopt provisions from the other document that have no local application, and the bylaws of the superior body should not require it to do so.” (RONR, 11th ed., pgs. 567-568)

Edited January 12, 2020 at 04:52 PM by Josh Martin