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Daniel Kokhba
Daniel Kokhba,
Category: Business Law
Satisfied Customers: 56909
Experience:  Partner at Kantor Davidoff
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Our By-Laws require proposed changes to the by-laws be sent

Resolved Question:

Our By-Laws require proposed changes to the by-laws be sent by card or letter 30 days before the annual business meeting. Due to weather, I missed this deadline. The 30th day was on Saturday and I could not get to the post office to mail them to the members?
First question, is the postmark of 30 days considered OK?
What can I do to fix this problem?
Submitted: 7 years ago.
Category: Business Law
Expert:  Daniel Kokhba replied 7 years ago.
If the requirement says it needs to be sent, rather than received, within 30 days, then postmarking on that date is sufficient. Another option is to reschedule meeting and resend the notices if there is objection to the timing from the members.
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Customer: replied 7 years ago.

Here is the exact wording

The by-laws may be amended or repealed at any annual business meeting of the Association by 2/3 vote of the members present and voting; provided, that the proposed amendment has been submitted to the membership in the official bulletin of this Association, or by letter or card addressed to each active and Life member not less than thirty days prior to the annual business meeting.

Expert:  Daniel Kokhba replied 7 years ago.
It does not say received, so post marked is fine.