How many bylaws can an organization have?

[Roger Waters]

Hello,

A non-profit I belong to has two similar constitution bylaws but not exactly equal. One is the original one when the organization was founded and another one when the organization became affiliated to a parent club. The organization is still using both bylaws. Is this legally allowed?

[Richard Brown]

34 minutes ago, Roger Waters said:

Hello,

A non-profit I belong to has two similar constitution bylaws but not exactly equal. One is the original one when the organization was founded and another one when the organization became affiliated to a parent club. The organization is still using both bylaws. Is this legally allowed?

We need to know some more details in order to give you a good answer. Normally, if what was previously an independent entity becomes part of a larger parent body and adopts new bylaws, it repeals the original bylaws. Whether that is what happened with your organization we do not know. It is possible for you to have both a constitution and bylaws.

I have a hunch that when you adopted the bylaws as required by your new parent organization, it repealed or replaced the previous set, but that is something we do not know.

[Roger Waters]

50 minutes ago, Richard Brown said:

We need to know some more details in order to give you a good answer. Normally, if what was previously an independent entity becomes part of a larger parent body and adopts new bylaws, it repeals the original bylaws. Whether that is what happened with your organization we do not know. It is possible for you to have both a constitution and bylaws.

I have a hunch that when you adopted the bylaws as required by your new parent organization, it repealed or replaced the previous set, but that is something we do not know.

Thanks!

One document is called Consitution and Bylaws of the NAMEOFCLUB. The other document is called PARENTCLUB Constitution. The documents are not completely the same. For example, one document says the club needs two sponsors to become a member. The second document says the club needs two sponsors AND some more requirements.

The club seems to reference both documents at their convenience to justify their actions.

There is even a third document called Standing Rules.

[Guest Puzzling]

What do the constitutions and bylaws say about the constitution and bylaws of the other Club?

I guess in principle the club is only bound by its own (state) laws, constitution and bylaws, but probably they do say something about the parentclub. 

If it gets really complicated (if the parent os in another jurisdiction than the club) you will need lots of coffee. See 

https://en.m.wikipedia.org/wiki/Schleswig-Holstein_Question

[Richard Brown]

@Roger Waters let’s get one basic fact nailed down. Has your local club actually formally adopted a new set of bylaws (or a constitution) as mandated by the parent club or is it that your Club itself just has one set of bylaws (or a constitution) but has consented to also be bound by the bylaws of your new parent organization? 

As an example, every state in the union has its own state constitution but every state is also bound by the Constitution of the United States. No state actually adopted the federal Constitution, they have just agreed  to be bound by it as a condition of being part of the union.  That does not mean each state has two constitutions.  In the case of a conflict between a state constitution and the United States Constitution, the provisions of the United States Constitution will prevail.  Your situation may or may not be the same, but I suspect it is rather similar.

The question as to which Constitution or set of bylaws prevails in your situation is more a matter of law and of interpreting your own rules (and those of the parent organization) then it is of parliamentary procedure.

Tell us exactly what your situation is and we will try to move forward from there as long as it is a matter parliamentary procedure and not a question of law.

 

 

[Roger Waters]

2 hours ago, Richard Brown said:

@Roger Waters let’s get one basic fact nailed down. Has your local club actually formally adopted a new set of bylaws (or a constitution) as mandated by the parent club or is it that your Club itself just has one set of bylaws (or a constitution) but has consented to also be bound by the bylaws of your new parent organization? 

As an example, every state in the union has its own state constitution but every state is also bound by the Constitution of the United States. No state actually adopted the federal Constitution, they have just agreed  to be bound by it as a condition of being part of the union.  That does not mean each state has two constitutions.  In the case of a conflict between a state constitution and the United States Constitution, the provisions of the United States Constitution will prevail.  Your situation may or may not be the same, but I suspect it is rather similar.

The question as to which Constitution or set of bylaws prevails in your situation is more a matter of law and of interpreting your own rules (and those of the parent organization) then it is of parliamentary procedure.

Tell us exactly what your situation is and we will try to move forward from there as long as it is a matter parliamentary procedure and not a question of law.

 

 

Thank you for your great example. I can’t be sure if the club adopted new set of bylaws or it has consented to also be bound by the bylaws of new parent organization I will need to ask around to get this info. All I know is that the club still uses both bylaws.

The situation is this: We want to increase membership and the Constitution of the parent organization lists two sponsors as the only requirement for new members. However, the club constitution not only asks for two sponsors, it also asks for applicants to attend a meeting and work at a club event. These requirements make it very hard to get new members since everyone is just a volunteer.

This is why I can’t be sure which Constitution to follow. I called the parent club, and they just said they would prefer if we follow their Constitution.

Thanks for the help guys. Wish I could buy you all coffee!