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Information About Bylaws

Q: WHAT IS THE PURPOSE OF BYLAWS?

A: The bylaws should be the governing document of the affiliate association. They define the relationship, the rights, and the obligations for members, directors, officers and staff. The bylaws should be a living document, to be used, reviewed, and revised as necessary. They should be simple, concise, and understandable as possible in order to foster members' awareness of bylaw provisions.

Q: WHAT IS THE RELATIONSHIP BETWEEN THE BYLAWS AND THE ARTICLES OF INCORPORATION?

A: The articles of incorporation may dictate what should be in an organization's bylaws. Where there is an inconsistency between the articles and the bylaws, the articles supersede. In addition, both the articles and the bylaws must be consistent with state laws.

Q: WHO HAS THE AUTHORITY TO AMEND BYLAWS?

A: The authority to amend bylaws rests with the membership. However, some states permit delegation of this authority by an association's member to a governing body, such as the board of directors. Amendments to bylaws commonly require advance notice and the following of specific voting procedures by the membership, set forth by the bylaws or by the articles of incorporation. Affiliates should provide for regular bylaws review, such as by a bylaws committee, to make recommendations to the full board concerning revisions.

Q: WHAT ABOUT DISTRICT BYLAWS?

A: At the discretion of the affiliate board, districts may also have bylaws as their governing document. District bylaws should be reviewed and approved by the affiliate board.

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