By-law

A by-law (also spelled bylaw in some regions) is a rule or law established by an organization or community to regulate itself. Unlike laws enacted by a national or state government, by-laws are generally specific to the entity that creates them and govern its internal affairs. These entities can include corporations, municipalities, homeowners associations, universities, and other similar groups.

The purpose of by-laws is to provide a framework for the operation of the organization, ensuring order, fairness, and consistency in decision-making and activities. They typically cover a wide range of topics relevant to the organization's structure, governance, and operations.

Key Characteristics of By-laws:

• Internal Governance: By-laws primarily regulate the internal affairs of the organization, defining the roles, responsibilities, and procedures for its members, officers, and governing bodies.

• Legally Binding: Once properly adopted, by-laws are legally binding on the members and the organization. This means that they can be enforced through internal disciplinary procedures or, in some cases, through legal action.

• Hierarchy: By-laws must comply with applicable laws and regulations at the national, state, and local levels. They cannot contradict or override these higher-level legal mandates.

• Amendability: By-laws can typically be amended or repealed by the organization through a specific process outlined in the existing by-laws themselves. This ensures that the organization can adapt to changing circumstances and needs.

• Content Variety: The specific content of by-laws varies depending on the type and size of the organization. Common topics covered include:

  • Membership criteria and rights
  • Election and removal of officers and directors
  • Meeting procedures (e.g., quorum, voting rules)
  • Financial management
  • Disciplinary procedures
  • Amendment procedures

• Distinction from Statutes: By-laws are distinct from statutes or laws enacted by a legislative body at the national, state, or local government level. Statutes have broader applicability and generally govern the conduct of individuals and organizations within their jurisdiction, whereas by-laws apply solely within the entity that adopted them.