Are by law resolutions for fees retroactive

[Guest Henry]

A resolution was made requiring lawsuit plaintiffs to pay legal fees of association.  This resolution was done after the initiation of the lawsuit, are resolutions retroactive

[Richard Brown]

46 minutes ago, Guest Henry said:

A resolution was made requiring lawsuit plaintiffs to pay legal fees of association.  This resolution was done after the initiation of the lawsuit, are resolutions retroactive

Yes, they can be and in this case most likely it is intended to be retroactive.  It may also depend on exactly what the resolution says.  If the resolution says something like "all legal fees incurred from this date forward", then it obviously would not be retroactive. 

Edited to add:  I am assuming that the resolution is somehow binding on this organization or the plaintiffs.  You did not provide a lot of detail.

Edited May 2, 2020 at 01:11 PM by Richard Brown
Added last paragraph

[Rob Elsman]

Although I do not have a good understanding of the question posed, would anyone who knows the relevant citation in RONR, 11th Edition, please help me out?

[Josh Martin]

2 hours ago, Guest Henry said:

A resolution was made requiring lawsuit plaintiffs to pay legal fees of association.  This resolution was done after the initiation of the lawsuit, are resolutions retroactive

I think (as usual) the question about whether resolutions, as a general matter, are "retroactive" is not a helpful question and is not really what is being asked.

It appears that what is really being asked is whether an organization may adopt a resolution which orders the payment of fees which have been incurred prior to the date the resolution was adopted. I see no reason, as a parliamentary matter, why the organization cannot do so. It would be best to specify in the resolution whether this is what is intended or if it is intended to only require the payment of fees incurred after the adoption of the resolution. If the resolution is unclear, it should be amended to clarify this matter.

If the plaintiffs are members of the organization, however, it seems to me the resolution is not in order unless the bylaws authorize fines or assessments of this nature.

"Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws." (RONR, 11th ed., pg. 572)

"Punishments that a society can impose generally fall under the headings of censure, fine (if authorized in the bylaws), suspension, or expulsion." (RONR, 11th ed., pg. 643)