Inclusion of dues in by-laws or rules. Adding a separate specific annual requirement for capitol improvement

[Guest Gerry]

Our boat club has always stated that our by-laws follow Roberts Rules, but we have not followed them consistently and trying to correct that. I believe per Roberts Rules  the fact there should be a statement of requirement of each to pay dues and consequences of not paying, but the actual amount of the dues each year - is that more of a rule?  Or does the amount each year dictated by the  Executive Committees ( 4 elected officers and 8 appointed Chairs by the Commodore?  We also want to include a separate annual Captiol improvement fund as our marina needs improvements.  Can the specific amount ($150)  of that  separate  annual fee  be included in the Rules Process?  or Dictated by the Executive Committee?

[Gary Novosielski]

The dues requirements, if present in the bylaws can only be changed by amending the bylaws.  Any consequences of not paying must also be included.  Failure to pay dues does not automatically abridge any rights unless the bylaws say so.

It is in order for a society to adopt a Special Rule of Order Bylaws provision that the amount of the dues shall be as set, from time to time, by the Board or other entity, but it should be noted that this removes a power that ordinarily belongs to the Membership.  

No assessment beyond the Dues is permitted unless authorized in the bylaws.  The amount may be stated explicitly or delegated, but must be authorized.

It should be noted that, if the rules in RONR apply, the EC can "dictate" nothing.  The EC is a subordinate body which must follow the instructions of its superior body, i.e., the Membership, unless the bylaws say otherwise, and not the other way around.  Boards and executive committees have only such powers are are granted to them in the bylaws.

Edited July 16, 2024 at 01:52 PM by Gary Novosielski

[Richard Brown]

On 7/16/2024 at 8:32 AM, Gary Novosielski said:

It is in order for a society to adopt a Special Rule of Order that the amount of the dues shall be as set, from time to time, by the Board or other entity, but it should be noted that this removes a power that ordinarily belongs to the Membership.  

I don’t think that a special rule of order can be used for granting the society the authority to establish the amount of dues. That authorization would have to be contained in the bylaws. As I understand RONR, when the bylaws grant the Society the right to change the amount of dues from time to time, the provision regarding the dues should be contained in a standing rule, not in a special rule of order  

Do you have a citation to the effect that a special special rule of order can be used to grant the society the right to change the amount of dues from time to time?

[Gary Novosielski]

No, I agree with you, and will fix that.  I should not have written that reply before my morning coffee.

… 

Okay, fixed.  It also occurs to me that the Standing Rule could be one adopted by the Membership, which cures the objection I raised above.

Thanks for the rapid catch.

Edited July 16, 2024 at 02:02 PM by Gary Novosielski

[Guest Gerry]

Thank you all for your input. If reading correctly, I think I am reading two different viewpoints on  separately  requesting  $150 separate annual fees from membership  for something above and beyond what the annual dues cover. Can our  Board request this separate annual $150 beyond annual dues via a rule where - if communicated a month ahead of time - would need a majority of members to approve ( and not two thirds)? The question is do we need a majority for approval or 2/3s?

[Richard Brown]

On 7/17/2024 at 10:31 PM, Guest Gerry said:

Can our  Board request this separate annual $150 beyond annual dues via a rule

No, not unless special assessments are authorized in your bylaws. I think perhaps we just miscommunicated on that point. An authorization in the bylaws to charge dues is not authorization to charge special assessments. If you want to be able to impose special assessments, that must also be authorized in the bylaws, either by specifying the amount in the bylaws or simply having the bylaws state that the assembly or the board may authorize special assessments. You might want to add that a 2/3 Vote would be required to impose a special assessment, but that’s up to your organization. The point is that the bylaws must, in some form, authorize both charging dues and making special assessments if you intend to do both.