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Posting of a bylaw change


BarbW

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Our non profit organization’s fiscal year is July 1- July 1.   We produce a yearbook of members and new board members specific to each year as members change status (new add or the board changes). This yearbook also contains our bylaws. June of 2022 (near end of fiscal 2022), we passed a bylaw to increase our dues. The bylaw (dues increase) would not take effect until our 2023/2024 fiscal year. The dues stayed the same for this fiscal year (2022-2023). The yearbook reflects the current dues since the bylaw has not taken effect. Should I have listed the increased dues of 2023/24 in this current years yearbook (and bylaws) when the dues have not changed yet? 

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On 12/22/2022 at 7:05 AM, BarbW said:

Our non profit organization’s fiscal year is July 1- July 1.   We produce a yearbook of members and new board members specific to each year as members change status (new add or the board changes). This yearbook also contains our bylaws. June of 2022 (near end of fiscal 2022), we passed a bylaw to increase our dues. The bylaw (dues increase) would not take effect until our 2023/2024 fiscal year. The dues stayed the same for this fiscal year (2022-2023). The yearbook reflects the current dues since the bylaw has not taken effect. Should I have listed the increased dues of 2023/24 in this current years yearbook (and bylaws) when the dues have not changed yet? 

RONR has no clear answer to what should be contained in a "yearbook," but it would seem to me the logical thing would be to list both. The bylaws should certainly be listed as the bylaws currently read, including any provisos adopted on this matter. In regard to listing the dues, it would seem helpful to members to list both the current dues and what the dues will be in 2023/2024.

Edited by Josh Martin
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The bylaws were changed the moment that you adopted the motion to change them, however the time they take effect is apparently not immediate in your situation.

RONR (12th ed.) 57:17 says you can provide information in a footnote. [emphasis added]

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It is important to note that, although the time when a bylaw amendment takes effect can be delayed by the assembly, the amendment becomes part of the bylaws immediately upon adoption. If the amended bylaws are printed, a footnote or similar device should indicate that the amended language is not yet in effect and, if language was removed by the amendment, the text of that provision should be given if it is still applicable in the organization.

 

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