Read The Bylaws
bylaws.pdf |
That seems to be the standard answer from most whenever there is an issue with the association. The Minnesota Attorney General even suggests doing it before you make a purchase. Here's what's wrong with that short-sighted response:
Organizations that do not have bylaws must legally default to Minnesota Statute 317A, known as the Nonprofit Corporation Act. Amending Bylaws? If your organization amends its bylaws, you are NOT required to file the amended bylaws with the Minnesota Secretary of State's Office. Incorporation & Bylaws (minnesotanonprofits.org)
If your articles change, you have to file with the state, but not if the bylaws are changed.
- Bylaws are rarely, if at all, written in plain language, and Minnesota law doesn't require them to be.
- Minnesota law doesn't require the board to follow the bylaws.
- Minnesota law doesn't require the bylaws you are given at the time of purchase to be the current version.
- Minnesota law allows board members to update/change bylaws at any time, and doesn't require them to provide a current copy to the owners.
- Bylaws are typically written for the management, not for the owners.
- Minnesota doesn't have enforceable standards for how bylaws are to be written. It only provides a limited guidance on what types of content should be included.
Organizations that do not have bylaws must legally default to Minnesota Statute 317A, known as the Nonprofit Corporation Act. Amending Bylaws? If your organization amends its bylaws, you are NOT required to file the amended bylaws with the Minnesota Secretary of State's Office. Incorporation & Bylaws (minnesotanonprofits.org)
If your articles change, you have to file with the state, but not if the bylaws are changed.