Guest John Posted October 19, 2010 at 04:47 PM Report Share Posted October 19, 2010 at 04:47 PM Our recent annual meeting was deemed null and void as we did not follow the bylaws stating advertising in a newspaper as well as mail notification being sent to all members 7 days prior. (Previously no notification was sent to the membership - only posted on-line)We are holding a second meeting - but the mail notification was received on saturday - past the 7 day notification window (Meeting is on Wednesday). Can the Annual meeting still be held? or will this constitute a null and void meeting as well?There is some feeling that we should be okay to move forward as we at least attempted to notify the members prior to the meeting date? others want to hold meeting with no voting consideration being allowed. Link to comment Share on other sites More sharing options...
George Mervosh Posted October 19, 2010 at 04:54 PM Report Share Posted October 19, 2010 at 04:54 PM When RONR counts days, it's the day sent that's important. We can't tell you if your rule was correctly followed. Link to comment Share on other sites More sharing options...
Guest John Posted October 19, 2010 at 05:14 PM Report Share Posted October 19, 2010 at 05:14 PM The mailing was sent out on Wednesday the 13th. Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 19, 2010 at 05:17 PM Report Share Posted October 19, 2010 at 05:17 PM As the secretary (or whoever does the mailing) can't be accountable for the delivery schedule of the Post Office, or even when a member might receive the mail (and open it, and read it, and .... ), the specifics of a notice requirement pertain to the day of mailing. I believe on page 90, near the top, at least as regards notice of a special meetings that this is explained.What RONR says is that "reasonable notice" must be given for such things, and "reasonable" depend on your geographics, to some extent. If enough members feel it is not "reasonable" that a piece of mail would be delivered in time for them to receive notice of a meeting and thus be able to attend, having been posted 7 days previous, then you should amend your bylaws and add a few more days. The mailing was sent out on Wednesday the 13th.The mailing day count includes the day of mailing, but not the day of meeting. So from the 13th, the seventh day is the 19th, and that is 7 days. Link to comment Share on other sites More sharing options...
Rob Elsman Posted October 19, 2010 at 07:13 PM Report Share Posted October 19, 2010 at 07:13 PM The mailing was sent out on Wednesday the 13th.A bylaw requiring the mailing of a call of a meeting a certain number of days in advance of the meeting is unsuspendable, and an improperly-called meeting is an illegal meeting at which there are no legal voters. Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 19, 2010 at 07:21 PM Report Share Posted October 19, 2010 at 07:21 PM A bylaw requiring the mailing of a call of a meeting a certain number of days in advance of the meeting is unsuspendable, and an improperly-called meeting is an illegal meeting at which there are no legal voters.Indeed. But it seems this mailing abided by the 7-day requirement. Link to comment Share on other sites More sharing options...
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