Federal statute vs by-laws

[Guest kearnsbfk]

If Federal Law calls for Secret Ballot and Majority vote in the affirmative to pass a motion made, such as a raise in the fees , dues or assessmants levied upon members of an association, can the By-Laws of that association call for a vote to hold a secret ballot with a 2/3 majority to vote in the affirmative in order to hold the secret ballot and then 2/3 majority to vote in the affirmative to make the necessary change in the amount of fees charged? Frderal Statute calls for simple Majority and Secret Ballot

[Larry Cisar]

If Federal Law calls for Secret Ballot and Majority vote in the affirmative to pass a motion made, such as a raise in the fees , dues or assessmants levied upon members of an association, can the By-Laws of that association call for a vote to hold a secret ballot with a 2/3 majority to vote in the affirmative in order to hold the secret ballot and then 2/3 majority to vote in the affirmative to make the necessary change in the amount of fees charged? Frderal Statute calls for simple Majority and Secret Ballot

r

Page 10 of RONR shows that Federal law out ranks the bylaws.

[hmtcastle]

If Federal Law . . .

Legal questions should be addressed to an attorney, not a parliamentarian.

[hmtcastle]

r

Page 10 of RONR shows that Federal law out ranks the bylaws.

Well, I think RONR's position is a bit more nuanced than that.

[Gary Novosielski]

If Federal Law calls for Secret Ballot and Majority vote in the affirmative to pass a motion made, such as a raise in the fees , dues or assessmants levied upon members of an association, can the By-Laws of that association call for a vote to hold a secret ballot with a 2/3 majority to vote in the affirmative in order to hold the secret ballot and then 2/3 majority to vote in the affirmative to make the necessary change in the amount of fees charged? Frderal Statute calls for simple Majority and Secret Ballot

Well, the bylaws can call for it, but the problem is that federal or state statutes that specify rules of order applying to particular types of organizations would supersede what's in your bylaws or in RONR .

[Kim Goldsworthy]

We don't practice law.

We won't confirm that such a federal law exists. Nor will we confirm that such a federal law applies.

If you have a question about federal law (its existence, its meaning, its applicability, etc.), or even about state law, or the applicable corporations code, etc., then consult your favorite legal counsel.