Bylaw Violation or Simple Mistake

[clmsntgrs]

Our bylaws indicate if the board approves an increase to annual dues, the increase must be announced to the membership within one week.    The bylaws also state any does increase must be approved prior to April 1 which it was. If that announcement is not made timely does that invalidate the dues increase although it was approved by the board?  Are there any remedies other than bringing the vote back to the board?

[J. J.]

I would think so, if the board's action can be reversed by the membership meeting. 

[Josh Martin]

The OP sent me a quote of the rule in question via private message, which I think has some helpful context.

”Any new member must meet the qualifications for membership as required by the By Laws of the South Carolina Football Officials Association. All applications for membership shall be reviewed by the Director and the Review Board prior to acceptance. The annual membership dues shall be $50.00, consisting of a $10 Member Booking Fee (payable to the District Two) and $40 for District Dues. The annual dues may be changed by majority vote of the Board of Directors prior to April 1st of any given year. An announcement to all returning members that the membership dues have been changed shall be sent within one week of the meeting in which they were changed. All membership dues, Jamboree fees and other fees are the property of SCFOA District Two.”

So this does not appear to be a “previous notice” requirement in the ordinary sense of that term. Rather, this is a notice sent to the membership after the fact. Further, the rule in question does not appear to provide any role for the membership in this process. The intent of the notice seems to be for the purpose of notifying members of the dues they owe.

On 4/15/2024 at 10:42 PM, clmsntgrs said:

If that announcement is not made timely does that invalidate the dues increase although it was approved by the board?

No, I don’t think so.

I think an argument could potentially be made that the increase was not final until the notice was sent, but I generally do not find an argument that the increase is invalid altogether to be persuasive.

Ultimately, it is up to the organization to interpret its own bylaws, and a Point of Order concerning this matter could be raised at a meeting of the membership.

Edited April 16, 2024 at 04:52 PM by Josh Martin

[clmsntgrs]

Thanks, Josh.  I'm thinking along the same lines as well.  We will address the Point of Order if required.