QUESTION

Our association's board of directors recently approved bylaw changes. Can the board adopt the changes if the membership has not ratified the changes?

Asked on Sep 11th, 2013 on Contracts - California
More details to this question:
I am an Ex Committee member of a non profit organization . The board recently approved changes to the association's bylaws that have to do with the election process of its board members . Current Bylaws state that amendments to bylaws require membership ratification Does the association have to wait for membership ratification before the changes take effect? Can the board proceed with the new election process before ratification? Below is the section in our bylaws that speaks on amendments : Article VII. Amendments This Constitution and its Bylaws shall be amended by a proposed two-thirds (2/3) vote of the Board present at a Board's meeting. A quorum for purpose of amending this constitution shall be no less than nine (9) Board members. Notice of the proposed amendment shall be given to the membership not less than ninety (90) days but not prior to sixty (60) days to the annual meeting; and such notice shall be given by either electronic mail and/or print media on file at na
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1 ANSWER

Labor and Employment Attorney serving Encino, CA at Law Offices of Richard N. Grey
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This would depend on the requirements set forth in the Bylaws of the Organization.
Answered on Sep 11th, 2013 at 3:24 PM

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