Guest Bill Posted April 24, 2024 at 08:19 PM Report Share Posted April 24, 2024 at 08:19 PM Hello, We have a bylaws change on the agenda for our next meeting that the membership of our association is going to vote on. It's regarding a change of the due date for the annual dues. If voted in can the board require it to be effective immediately or do new bylaws need to be issued to the membership first. Thank you. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted April 24, 2024 at 08:24 PM Report Share Posted April 24, 2024 at 08:24 PM By default, it is effective from the moment it is adopted. The meeting could adopt a proviso setting a later time when it becomes effective. Quote Link to comment Share on other sites More sharing options...
Guest Bylaws Posted April 24, 2024 at 08:53 PM Report Share Posted April 24, 2024 at 08:53 PM There is a wrinkle I should add. Our fiscal year went from June 1-May 31. It was voted and approved to change to Jan 1- December 31. However we forgot to change the due date for the dues. We have a member contending that no one should have to pay until June and that they'd be double paying for the months February to May. Can we compel someone to pay in order for them to have a voice at the meeting? Our bylaws state they need to be paid members to speak at a meeting. Thanks again. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted April 24, 2024 at 09:08 PM Report Share Posted April 24, 2024 at 09:08 PM Assuming Guest Bylaws and Guest Bill are the same person, Why didn't you tell us that the first time? This is a much different question and almost completely unrelated to the first. This now is a question about bylaws interpretation. It requires you to share the exact wording of the relevant portions of your bylaws, including the prior and current language regarding the fiscal year, the language about the deadline for dues payment, and the language that says On 4/24/2024 at 10:53 PM, Guest Bylaws said: Our bylaws state they need to be paid members to speak at a meeting because this is a difference from RONR. And please also share any other "wrinkles" when you do so. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted April 24, 2024 at 09:15 PM Report Share Posted April 24, 2024 at 09:15 PM (edited) On 4/24/2024 at 10:53 PM, Guest Bylaws said: Our fiscal year went from June 1-May 31. It was voted and approved to change to Jan 1- December 31. However we forgot to change the due date for the dues. We have a member contending ... This sounds like this change was made without being well thought out, or, at least, not well explained. If your dues were on a June-May basis and you've now changed to a January-December year (and your dues cycle is required to align with your fiscal year), then you either have members paying twice for a 5-month period or a gap of 7 months, unless you adjusted your dues for the transition (e.g., put in a pro-rated dues for the "stub" period). Did you do any of his when the bylaws change was adopted? Edited April 25, 2024 at 05:21 AM by Atul Kapur Added underlined words to reflect Weldon Merritt's point in the following post. Quote Link to comment Share on other sites More sharing options...
Weldon Merritt Posted April 25, 2024 at 01:48 AM Report Share Posted April 25, 2024 at 01:48 AM There actually is no requirement that the dues cycle correspond with the fiscal year. For example, NAP's fiscal year is December 1 to November 30, but its dues cycle is January 1 to December 31. It may be desirable for the two periods to coincide,, but it is not a requirement. If your bylaws have separate provisions for the fiscal year and the dues cycles, and you changed the first but not the second, then IMO the dues cycle remains June 1 to May 31. To change it, you will need another bylaws amendment, which should include a proviso on how to handle the gap between May 31 and January 1. For example, prorated dues for seven months, then the new dues cycle begins. Given that May 31 is barely more than a month away, you may not be able to make the change this year, depending on the notice requirements for amendments. If not, you will have to live with the existing situation until the next chnane to amend the bylaws. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted April 25, 2024 at 05:23 AM Report Share Posted April 25, 2024 at 05:23 AM On 4/25/2024 at 3:48 AM, Weldon Merritt said: There actually is no requirement that the dues cycle correspond with the fiscal year. Thanks for the correction, Weldon. Edited my response to add this point Quote Link to comment Share on other sites More sharing options...
Weldon Merritt Posted April 25, 2024 at 11:57 AM Report Share Posted April 25, 2024 at 11:57 AM On 4/25/2024 at 12:23 AM, Atul Kapur said: Thanks for the correction, Weldon. Edited my response to add this point You're welcome. It's not often that I get to correct one of your posts! Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 25, 2024 at 08:07 PM Report Share Posted April 25, 2024 at 08:07 PM On 4/24/2024 at 3:53 PM, Guest Bylaws said: Can we compel someone to pay in order for them to have a voice at the meeting? Our bylaws state they need to be paid members to speak at a meeting. It seems to me you have provided the answer to your own question. Quote Link to comment Share on other sites More sharing options...
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