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In legal terms, the phrase "provided all members have been notified by mail" functions as a condition precedent.
Here's what that entails
Example: If a rule states that "These rules may be amended by a positive vote of five members provided all members have been notified by mail of the proposed amendment at least ten calendar days prior to the meeting", then the proposed amendment cannot be legally voted upon unless every member has received the notification by mail at least ten days before the meeting.
Failure to meet this notification requirement could render the subsequent action (like a vote or amendment) invalid and subject to legal challenge.
In legal terms, the phrase "provided all members have been notified by mail" functions as a condition precedent.
Here's what that entails
- Condition: The action or event being discussed (e.g., a vote, an amendment taking effect) is contingent upon the fulfillment of this condition.
- Precedent: The notification by mail must occur before the action or event can legally take place.
- "All members": This refers to every individual or entity with membership status in the organization or group to which the rule applies, according to US Legal Forms. The specific definition of "members" within the governing documents (e.g., bylaws, operating agreement) will clarify exactly who needs to be notified.
- "Notified by mail": This implies that each member must receive a formal notification sent through the postal service. While some jurisdictions may allow for alternative notification methods like email or electronic means under certain circumstances, a requirement of "mail" typically necessitates physical delivery via the postal system to the member's last known address.
Example: If a rule states that "These rules may be amended by a positive vote of five members provided all members have been notified by mail of the proposed amendment at least ten calendar days prior to the meeting", then the proposed amendment cannot be legally voted upon unless every member has received the notification by mail at least ten days before the meeting.
Failure to meet this notification requirement could render the subsequent action (like a vote or amendment) invalid and subject to legal challenge.