Past Practice vs By Laws Question

[Guest RobertSFC]

I appreciate any advice or guidance on this matter. My question pertains to the interplay between past practices and bylaws within our organization. We have a bylaw specifying that, after a set period, members failing to meet a certain activity level must undergo a membership classification change, facilitated by the chair of the membership committee and the Board of Directors.

Contrary to this bylaw, our board has consistently deviated by routinely extending the deadline for members requiring a classification change. This practice essentially grants them an unofficial waiver or deferral.

My question is whether, at the Board of Director level, it's feasible to reference this past practice and propose a similar extension or deferral for membership classification changes.

[Joshua Katz]

So far as RONR is concerned, past practice (or "custom" as it is called in the book) falls to the floor when a point of order is raised. That is, it has no value when in conflict with, in this case, a bylaw. That may be unfair to the next person who seeks this treatment, but the solution is to amend the bylaws.

[J. J.]

Any custom is superseded by something adopted (2:25).  That said, the bylaw may give the Board some discretion.