Are the new bylaws legal and binding?

Parliamentary Procedure Q&A

Q: A Fire Co. revised its bylaws and the amendments were read at three meetings in 1997 and became effective Jan 1, 1998. There was nothing in the amended bylaws relative to new amendments or procedural questions as far as referring to Robert's Rules of Order. In 1998 a member stood up and made a motion to re-write the bylaws, claiming that the present ones were illegal. Another member seconded the motion and the President called for a vote and the majority voted in favor of the motion. A bylaws committee wrote a new set of bylaws, using the existing ones as a guideline and made changes. The draft was presented to the membership and a motion was voted on to mail all members a copy and advise of the meeting date when they would be voted on. At the meeting in question, after some discussion, the new draft was voted on and passed 24 to 6.

Is there a waiting period from the date the bylaws are voted on and passed? - D.E.Y., Nov. 20, 1998

A: Usually bylaws contain a section on their own amendment. Without seeing this section, I cannot answer your question definitively; however, the procedure you describe is common and reasonable. It's likely that the new bylaws are binding. (As I'm not a lawyer, I cannot comment on their legality.)

Unless another time is specified before the bylaws are adopted, they go into effect immediately. (RONR p. 590.)

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