Tomm Posted August 16, 2022 at 07:10 PM Report Share Posted August 16, 2022 at 07:10 PM (edited) Can a Bylaw that effects what happens outside the context of a meeting be suspended? The corporation has a Bylaw that states Members cannot collect Member signatures for proxy votes or petitions on corporation property. Can this Bylaw be suspended? Edited August 16, 2022 at 07:14 PM by Tomm accuracy Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted August 16, 2022 at 07:21 PM Report Share Posted August 16, 2022 at 07:21 PM On 8/16/2022 at 3:10 PM, Tomm said: Can a Bylaw that effects what happens outside the context of a meeting be suspended? The corporation has a Bylaw that states Members cannot collect Member signatures for proxy votes or petitions on corporation property. Can this Bylaw be suspended? No. See RONR (12th ed.), 25:13 Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted August 16, 2022 at 08:43 PM Report Share Posted August 16, 2022 at 08:43 PM I agree with Mr. Mervosh. Since this is a rule that has its application outside of the session which is in progress, RONR §25:13 is clear that it cannot be suspended. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 17, 2022 at 01:04 AM Report Share Posted August 17, 2022 at 01:04 AM Not unless it provides for its own suspension, which apparently it does not, or you wouldn't be asking. 🙂 Quote Link to comment Share on other sites More sharing options...
Termination Requested Pls Posted August 18, 2022 at 08:11 PM Report Share Posted August 18, 2022 at 08:11 PM The Bylaw in question can certainly be amended (including being fully deleted), by following the procedure for amending that the bylaws provide. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted August 18, 2022 at 08:35 PM Report Share Posted August 18, 2022 at 08:35 PM (edited) On 8/18/2022 at 3:11 PM, Augustin said: The Bylaw in question can certainly be amended (including being fully deleted), by following the procedure for amending that the bylaws provide. Oh, I think we would all agree with that point. However, depending upon the process for amending the bylaws, there may not be time to do that before the event or situation that Tomm has in mind. For example, The bylaws of some organizations provide that the bylaws can only be amended at an annual or biennial meeting or convention. Edited August 18, 2022 at 08:36 PM by Richard Brown Added last two words Quote Link to comment Share on other sites More sharing options...
Termination Requested Pls Posted August 18, 2022 at 08:46 PM Report Share Posted August 18, 2022 at 08:46 PM Richard Brown, I hear you. I got the sense from the OP that some of the members wanted this particular bylaw gone, any way they could. I certainly could be misunderstanding. This sounds like a HOA or COA, where proxy gathering is permitted and has had a long tradition of being used. (Granted the electronic age seems to be slowly fazing proxies out of the legal picture.) Whatever sort of entity this is, and since proxies seem to be allowed, I would also be asking whether the Bylaws have a provision for calling a Special Meeting for performing a vote. Or more and more, state statutes appear to allow, for certain corporations, voting without having a meeting. Quote Link to comment Share on other sites More sharing options...
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